By: Solomons (Senate Sponsor - Harris) H.B. No. 2219
         (In the Senate - Received from the House April 16, 2007;
  April 17, 2007, read first time and referred to Committee on State
  Affairs; May 8, 2007, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 8, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to service of process on financial institutions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 17, Civil Practice and
  Remedies Code, is amended by adding Section 17.028 to read as
  follows:
         Sec. 17.028.  SERVICE ON FINANCIAL INSTITUTIONS. (a)  In
  this section, "financial institution" has the meaning assigned by
  Section 201.101, Finance Code.
         (b)  Except as provided by Subsection (c), in an action
  against a financial institution, citation may be served by:
               (1)  serving the registered agent of the financial
  institution; or
               (2)  if the financial institution does not have a
  registered agent, serving the president or a branch manager at any
  office located in this state.
         (c)  In an action against a credit union organized under the
  laws of this state, another state, or federal law, citation may be
  served by:
               (1)  serving the registered agent of the credit union;
  or
               (2)  if the credit union does not have a registered
  agent, serving the president or vice president.
         (d)  If citation has not been properly served as provided by
  this section, a financial institution may maintain an action to set
  aside the default judgment or any sanctions entered against the
  financial institution.
         (e)  A citation served on a credit union that is located in a
  place of worship may not be served during a worship service.
         SECTION 2.  Section 32.202(a), Finance Code, is amended to
  read as follows:
         (a)  Each state bank must have and continuously maintain in
  this state a home office. The home office must be a location at
  which the bank does business with the public and keeps its corporate
  books and records. At least one officer of the bank must maintain
  an office at the home office. [In addition to the registered agent
  for the bank, if one is maintained pursuant to Section 201.103, each
  officer at the home office is an agent for service of process for
  the bank.]
         SECTION 3.  Section 182.202(b), Finance Code, is repealed.
         SECTION 4.  This Act applies to all process served on a
  financial institution on or after the effective date of this Act,
  without regard to whether the process was issued before, on, or
  after that date.
         SECTION 5.  This Act takes effect September 1, 2007.
 
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