79R209 MTB-D
By: McClendon H.B. No. 297
A BILL TO BE ENTITLED
AN ACT
relating to changing the title of assistant secretary of state to
deputy secretary of state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 405.004, Government Code, is amended to
read as follows:
Sec. 405.004. DEPUTY [ASSISTANT] SECRETARY OF STATE. (a)
The secretary of state shall appoint a deputy [an assistant]
secretary of state who shall:
(1) perform the duties prescribed by law for the
secretary of state when the secretary of state is absent or unable
to act; and
(2) perform other duties required by the secretary of
state.
(b) The deputy [assistant] secretary of state serves at the
pleasure of the secretary of state.
SECTION 2. Section 221.023(c), Health and Safety Code, is
amended to read as follows:
(c) The secretary of state may be served by delivering two
copies of the process, notice, or demand to the secretary of state,
the deputy [assistant] secretary of state, or a clerk in charge of
the corporation department of the secretary of state's office. The
secretary of state shall immediately forward one copy of the
process, notice, or demand by registered mail to the development
corporation at its registered office.
SECTION 3. Section 303.034(c), Local Government Code, is
amended to read as follows:
(c) The secretary of state may be served by delivering two
copies of the process, notice, or demand to the secretary of state,
the deputy [assistant] secretary of state, or a clerk in charge of
the corporation department of the secretary of state's office. The
secretary of state shall immediately forward one copy of the
process, notice, or demand by registered mail to the corporation at
its registered office.
SECTION 4. Section 171.355(b), Tax Code, is amended to read
as follows:
(b) Complete and valid service of process is made on a
corporation through the secretary of state by delivering duplicate
copies of the process to the secretary of state or the deputy
[assistant] secretary of state.
SECTION 5. Section B, Article 2.07, Texas Non-Profit
Corporation Act (Article 1396-2.07, Vernon's Texas Civil
Statutes), is amended to read as follows:
B. Whenever a corporation shall fail to appoint or maintain
a registered agent in this State, or whenever its registered agent
cannot with reasonable diligence be found at the registered office,
then the Secretary of State shall be an agent of such corporation
upon whom any such process, notice, or demand may be served.
Service on the Secretary of State of any process, notice, or demand
shall be made by delivering to and leaving with him, or with the
Deputy [Assistant] Secretary of State, or with any clerk having
charge of the corporation department of his office, duplicate
copies of such process, notice, or demand. In the event any such
process, notice, or demand is served on the Secretary of State, he
shall immediately cause one of the copies thereof to be forwarded by
registered mail, addressed to the corporation at its registered
office. Any service so had on the Secretary of State shall be
returnable in not less than thirty (30) days.
SECTION 6. Section B, Article 8.09, Texas Non-Profit
Corporation Act (Article 1396-8.09, Vernon's Texas Civil
Statutes), is amended to read as follows:
B. Whenever a foreign corporation authorized to conduct
affairs in this State shall fail to appoint or maintain a registered
agent in this State, or whenever any such registered agent cannot
with reasonable diligence be found at the registered office, or
whenever the certificate of authority of a foreign corporation
shall be revoked, then the Secretary of State shall be an agent of
such corporation upon whom any such process, notice, or demand may
be served. Service on the Secretary of State of any such process,
notice, or demand shall be made by delivering to and leaving with
him, or with the Deputy [Assistant] Secretary of State, or with any
clerk having charge of the corporation department of his office,
duplicate copies of such process, notice, or demand. In the event
any such process, notice or demand is served on the Secretary of
State, he shall immediately cause one of such copies thereof to be
forwarded by registered mail, addressed to the corporation at its
principal office in the state or country under the laws of which it
is incorporated. Any service so had on the Secretary of State shall
be returnable in not less than thirty (30) days.
SECTION 7. Section B, Article 2.08, Texas Limited Liability
Company Act (Article 1528n, Vernon's Texas Civil Statutes), is
amended to read as follows:
B. Whenever a limited liability company or foreign limited
liability company shall fail to appoint or maintain a registered
agent in this State, or whenever its registered agent cannot with
reasonable diligence be found at the registered office, then the
Secretary of State shall be an agent of such limited liability
company or foreign limited liability company upon whom any such
process, notice, or demand may be served. Service on the Secretary
of State of any process, notice, or demand shall be made by
delivering to and leaving with the Secretary of State, or with the
Deputy [Assistant] Secretary of State, or with any clerk having
charge of the limited liability company department of the Secretary
of State's office, duplicate copies of such process, notice, or
demand. In the event any such process, notice, or demand is served
on the Secretary of State, the Secretary of State shall immediately
cause one of the copies thereof to be forwarded by registered mail,
addressed to the limited liability company or foreign limited
liability company at its registered office. Any service so had on
the Secretary of State shall be returnable in not less than thirty
(30) days.
SECTION 8. Section B, Article 2.11, Texas Business
Corporation Act, is amended to read as follows:
B. Whenever a corporation shall fail to appoint or maintain
a registered agent in this State, or whenever its registered agent
cannot with reasonable diligence be found at the registered office,
then the Secretary of State shall be an agent of such corporation
upon whom any such process, notice, or demand may be served.
Service on the Secretary of State of any process, notice, or demand
shall be made by delivering to and leaving with him, or with the
Deputy [Assistant] Secretary of State, or with any clerk having
charge of the corporation department of his office, duplicate
copies of such process, notice, or demand. In the event any such
process, notice, or demand is served on the Secretary of State, he
shall immediately cause one of the copies thereof to be forwarded by
registered mail, addressed to the corporation at its registered
office. Any service so had on the Secretary of State shall be
returnable in not less than thirty (30) days.
SECTION 9. Section B, Article 8.10, Texas Business
Corporation Act, is amended to read as follows:
B. Whenever a foreign corporation authorized to transact
business in this State shall fail to appoint or maintain a
registered agent in this State, or whenever any such registered
agent cannot with reasonable diligence be found at the registered
office, or whenever the certificate of authority of a foreign
corporation shall be revoked, then the Secretary of State shall be
an agent of such corporation upon whom any such process, notice, or
demand may be served. Service on the Secretary of State of any such
process, notice, or demand shall be made by delivering to and
leaving with him, or with the Deputy [Assistant] Secretary of
State, or with any clerk having charge of the corporation
department of his office, duplicate copies of such process, notice,
or demand. In the event any such process, notice or demand is
served on the Secretary of State, he shall immediately cause one of
such copies thereof to be forwarded by registered mail, addressed
to the corporation at its principal office in the state or country
under the laws of which it is incorporated. Any service so had on
the Secretary of State shall be returnable in not less than thirty
days.
SECTION 10. Section 10(b), Development Corporation Act of
1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
read as follows:
(b) Whenever a corporation shall fail to appoint or maintain
a registered agent in this state or whenever its registered agent
cannot with reasonable diligence be found at the registered office,
then the secretary of state shall be an agent of such corporation
upon whom any such process, notice, or demand may be served.
Service on the secretary of state of any process, notice, or demand
shall be made by delivering to and leaving with him or with the
deputy [assistant] secretary of state or with any clerk having
charge of the corporation department of his office duplicate copies
of such process, notice, or demand. In the event any such process,
notice, or demand is served on the secretary of state, he shall
immediately cause one of the copies thereof to be forwarded by
registered mail, addressed to the corporation at its registered
office. Any service so had on the secretary of state shall be
returnable in not less than 30 days.
SECTION 11. Section 1.08(b), Texas Revised Limited
Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes),
is amended to read as follows:
(b) If a limited partnership fails to appoint or maintain a
registered agent in Texas or its registered agent cannot with
reasonable diligence be found at the registered office, and if a
general partner of the limited partnership cannot with reasonable
diligence be found, the secretary of state is an agent of the
limited partnership on whom any process, notice, or demand may be
served. Service on the secretary of state of any process, notice,
or demand may be made by delivering to the secretary of state,
deputy [assistant] secretary of state, or any clerk having charge
of the corporation department of the secretary of state's office
duplicate copies of the process, notice, or demand. If the process,
notice, or demand is served on the secretary of state, the secretary
of state shall immediately forward one of the copies by registered
mail, addressed to the address of a general partner as it appears on
file with the secretary of state or, if no address appears on file,
at the partnership's last registered office. Service on the
secretary of state is returnable in not less than 30 days.
SECTION 12. Section 9.10(b), Texas Revised Limited
Partnership Act (Article 6132a-1, Vernon's Texas Civil Statutes),
is amended to read as follows:
(b) If a foreign limited partnership registered in Texas
fails to appoint or maintain a registered agent in Texas, if its
registered agent cannot with reasonable diligence be found at the
registered office, if its registration is canceled, or if a foreign
limited partnership transacts business in Texas without having
registered under Section 9.02 of this Act, the secretary of state is
an agent of the foreign limited partnership on whom any process,
notice, or demand may be served. Service on the secretary of state
of any process, notice, or demand shall be made by delivering to the
secretary of state, deputy [assistant] secretary of state, or any
clerk having charge of the corporation department of the secretary
of state's office duplicate copies of the process, notice, or
demand. If any process, notice, or demand is served on the
secretary of state, the secretary of state shall immediately
forward one of the copies by registered mail addressed to the
foreign limited partnership at its principal office in the state
under which the foreign limited partnership is formed as shown on
the registration application. Service had in this manner on the
secretary of state is returnable in not less than 30 days.
SECTION 13. Section 10.05(l), Texas Revised Partnership Act
(Article 6132b-10.05, Vernon's Texas Civil Statutes), is amended to
read as follows:
(l) Service on the secretary of state of any process,
notice, or demand shall be made by delivering duplicate copies of
the process, notice, or demand to the secretary of state, deputy
[assistant] secretary of state, or any clerk having charge of the
corporation department of the secretary of state's office. If any
process, notice, or demand is served on the secretary of state, the
secretary of state shall immediately forward one of the copies by
registered mail addressed to the foreign limited liability
partnership at its principal office in the state under which the
foreign limited liability partnership is formed as shown on the
statement of foreign qualification. Service had in this manner on
the secretary of state is returnable in not less than 30 days.
SECTION 14. Section 5.20(B), Texas Real Estate Investment
Trust Act (Article 6138A, Vernon's Texas Civil Statutes), is
amended to read as follows:
(B) When a real estate investment trust fails to appoint or
maintain a registered agent in this state or when the registered
agent of the real estate investment trust cannot with reasonable
diligence be found at the registered office, the secretary of state
shall be an agent of the real estate investment trust on whom any
process, notice, or demand may be served. Service of any process,
notice, or demand on the secretary of state shall be made by
delivering to and leaving with the secretary of state, the deputy
[assistant] secretary of state, or any clerk having charge of the
corporation department of the office of the secretary of state,
duplicate copies of the process, notice, or demand. If any process,
notice, or demand is served on the secretary of state under this
Section, the secretary of state shall immediately forward by
registered mail one of the copies of the process, notice, or demand
to the real estate investment trust at its registered office. Any
service made on the secretary of state shall be returnable in not
less than 30 days.
SECTION 15. Article 17A.04(b), Code of Criminal Procedure,
is amended to read as follows:
(b) If the peace officer certifies on the return that he
diligently but unsuccessfully attempted to effect service under
Paragraph (a) of this article, or if the corporation is a foreign
corporation that has no certificate of authority, then he shall
serve the summons on the secretary of state by personally
delivering a copy of it to him, or to the deputy [assistant]
secretary of state, or to any clerk in charge of the corporation
department of his office. On receipt of the summons copy, the
secretary of state shall immediately forward it by certified or
registered mail, return receipt requested, addressed to the
defendant corporation at its registered or principal office in the
state or country under whose law it was incorporated.
SECTION 16. (a) The title of assistant secretary of state
is changed to deputy secretary of state.
(b) Any reference in law to the assistant secretary of state
means the deputy secretary of state.
(c) The validity of an action taken by or in relation to the
authority of the assistant secretary of state before the change in
title under Subsection (a) of this section is not affected by this
Act.
SECTION 17. This Act takes effect September 1, 2005.