| 1 | 1 | | 81R8429 CAE-D |
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| 2 | 2 | | By: Watson S.B. No. 2297 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to service of process for delinquent taxes on a |
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| 8 | 8 | | nonresident. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 17.091(a), (b), and (c), Civil Practice |
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| 11 | 11 | | and Remedies Code, are amended to read as follows: |
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| 12 | 12 | | (a) In a suit to collect delinquent property taxes by the |
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| 13 | 13 | | state or a political subdivision of the state in which a person who |
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| 14 | 14 | | is a defendant in the suit is a nonresident, the secretary of state |
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| 15 | 15 | | is an agent for service of process on that defendant if the |
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| 16 | 16 | | defendant owns, has, or claims an interest in or a lien against |
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| 17 | 17 | | property in this state that is the subject of the suit. This |
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| 18 | 18 | | section applies regardless of whether the defendant has resided in |
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| 19 | 19 | | this state. |
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| 20 | 20 | | (b) Duplicate copies of the process issued by the clerk of |
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| 21 | 21 | | the court in which the suit is pending must be served on the |
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| 22 | 22 | | secretary of state not later than the 20th day before the date of |
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| 23 | 23 | | return stated in the process. The process must include the name and |
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| 24 | 24 | | address of the nonresident's home or home office. The address may |
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| 25 | 25 | | be a post office box. [Process may be served on the secretary of |
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| 26 | 26 | | state in accordance with this section for a nonresident who was a |
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| 27 | 27 | | resident at the time the cause of action accrued but has |
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| 28 | 28 | | subsequently moved.] |
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| 29 | 29 | | (c) Immediately after being served, the secretary of state |
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| 30 | 30 | | shall mail a copy of the process to the nonresident at the address |
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| 31 | 31 | | provided under Subsection (b) by certified mail, return receipt |
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| 32 | 32 | | requested, with the postage prepaid. The secretary of state shall |
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| 33 | 33 | | certify to the court that issued the process that the secretary of |
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| 34 | 34 | | state has complied with this section. [Service of process under |
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| 35 | 35 | | this section shall be made in the manner provided by this chapter |
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| 36 | 36 | | for substituted service on nonresident motor vehicle operators, |
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| 37 | 37 | | except that a copy of the process must be mailed by certified mail.] |
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| 38 | 38 | | SECTION 2. Section 17.091, Civil Practice and Remedies |
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| 39 | 39 | | Code, as amended by this Act, applies only to service of process |
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| 40 | 40 | | issued on or after the effective date of this Act. Service of |
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| 41 | 41 | | process issued before the effective date of this Act is governed by |
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| 42 | 42 | | the law as it existed immediately before the effective date of this |
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| 43 | 43 | | Act, and that law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2009. |
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