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A BILL TO BE ENTITLED
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AN ACT
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relating to service of process on certain business organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section B, Article 2.11, Texas Business |
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Corporation Act, is amended to read as follows: |
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B. Whenever a corporation shall fail to appoint or maintain a |
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registered agent in this State, or whenever its registered agent |
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cannot with reasonable diligence be found at the registered office |
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and an officer, director, or manager of the corporation cannot with |
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reasonable diligence be found in this State, then the Secretary of |
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State shall be an agent of such corporation upon whom any such |
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process, notice, or demand may be served. Service on the Secretary |
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of State of any process, notice, or demand shall be made by |
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delivering to and leaving with him, or with the Deputy Secretary of |
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State, or with any clerk having charge of the corporation |
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department of his office, duplicate copies of such process, notice, |
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or demand. In the event any such process, notice, or demand is |
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served on the Secretary of State, he shall immediately cause one of |
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the copies thereof to be forwarded by registered mail, addressed to |
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the corporation at its registered office. Any service so had on the |
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Secretary of State shall be returnable in not less than thirty (30) |
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days. |
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SECTION 2. Section 5.251, Business Organizations Code, is |
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amended to read as follows: |
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Sec. 5.251. FAILURE TO DESIGNATE REGISTERED AGENT. The |
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secretary of state is an agent of an entity for purposes of service |
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of process, notice, or demand on the entity if: |
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(1) the entity is a filing entity or a foreign filing |
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entity and: |
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(A) the entity fails to appoint or does not |
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maintain a registered agent in this state; or |
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(B) the registered agent of the entity cannot |
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with reasonable diligence be found at the registered office of the |
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entity and an officer, director, or manager of the entity cannot |
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with reasonable diligence be found in this state; or |
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(2) the entity is a foreign filing entity and: |
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(A) the entity's registration to do business |
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under this code is revoked; or |
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(B) the entity transacts business in this state |
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without being registered as required by Chapter 9. |
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SECTION 3. The change in law made by this Act applies only |
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to the service of process, notice, or demand on an entity on or |
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after the effective date of this Act. Service of process, notice, |
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or demand before the effective date of this Act is covered by the |
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law in effect on the date of the service, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |