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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 domestic and foreign |
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entities for the collection of delinquent property taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.257, Business Organizations Code, is |
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amended to read as follows: |
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Sec. 5.257. SERVICE OF PROCESS BY POLITICAL SUBDIVISION. |
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(a) A process, notice, or demand required or permitted by law to be |
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served by a political subdivision of this state or by a person, |
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including another political subdivision or an attorney, acting on |
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behalf of a political subdivision in connection with the collection |
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of a delinquent ad valorem tax may be served on a domestic or |
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foreign corporation whose corporate privileges are forfeited under |
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Section 171.251, Tax Code, a domestic or foreign limited liability |
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company whose right to transact business in this state is forfeited |
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under Section 171.2515, Tax Code, or a corporation or limited |
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liability company that is involuntarily terminated under Chapter |
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11[,] or whose registration is revoked under Chapter 9 by delivery |
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of the process, notice, or demand to any officer or director of the |
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corporation or manager or member of the limited liability company, |
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as listed in the most recent records of the secretary of state. |
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(b) If the officers or directors of a corporation or the |
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managers or members of the limited liability company are unknown or |
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cannot be found, service on the corporation or limited liability |
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company may be made in the same manner as service is made on unknown |
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shareholders under law. |
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(c) Notwithstanding any disability or reinstatement of a |
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corporation or limited liability company, service of process under |
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this section is sufficient for a judgment against the corporation |
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or limited liability company or a judgment in rem against any |
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property to which the corporation or limited liability company |
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holds title. |
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SECTION 2. Section 17.091, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(f) to read as follows: |
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(a) In a suit to collect delinquent property taxes by the |
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state or a political subdivision of the state in which a [person who
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is a] defendant in the suit is a nonresident, the secretary of state |
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is an agent for service of process on that defendant if the |
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defendant owns, has, or claims an interest in or a lien against |
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property in this state that is the subject of the suit. This section |
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applies regardless of whether the defendant has resided in this |
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state. |
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(f) In this section, "nonresident" includes: |
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(1) an individual who is not a resident of this state; |
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and |
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(2) a foreign corporation, foreign unincorporated |
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association, foreign general partnership, foreign limited |
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partnership, foreign limited liability company, foreign |
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professional association, foreign business trust, foreign |
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cooperative, or foreign real estate investment trust that is not |
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required to appoint a registered agent for service of process in |
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this state under the provisions of the Business Organizations Code. |
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SECTION 3. Section 5.257, Business Organizations Code, as |
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amended by this Act, and Section 17.091, Civil Practice and |
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Remedies Code, as amended by this Act, apply only to service of |
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process issued on or after the effective date of this Act. Service |
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of process issued before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |