Texas 2011 - 82nd Regular

Texas Senate Bill SB582 Compare Versions

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1	1	By: Harris, Watson S.B. No. 582
2	2	(Lewis)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to service of process on certain domestic and foreign
8	8	entities for the collection of delinquent property taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5.257, Business Organizations Code, is
11	11	amended to read as follows:
12	12	Sec. 5.257. SERVICE OF PROCESS BY POLITICAL SUBDIVISION.
13	13	(a) A process, notice, or demand required or permitted by law to be
14	14	served by a political subdivision of this state or by a person,
15	15	including another political subdivision or an attorney, acting on
16	16	behalf of a political subdivision in connection with the collection
17	17	of a delinquent ad valorem tax may be served on a domestic or
18	18	foreign corporation whose corporate privileges are forfeited under
19	19	Section 171.251, Tax Code, a domestic or foreign limited liability
20	20	company whose right to transact business in this state is forfeited
21	21	under Section 171.2515, Tax Code, or a corporation or limited
22	22	liability company that is involuntarily terminated under Chapter
23	23	11[,] or whose registration is revoked under Chapter 9 by delivery
24	24	of the process, notice, or demand to any officer or director of the
25	25	corporation or manager or member of the limited liability company,
26	26	as listed in the most recent records of the secretary of state.
27	27	(b) If the officers or directors of a corporation or the
28	28	managers or members of the limited liability company are unknown or
29	29	cannot be found, service on the corporation or limited liability
30	30	company may be made in the same manner as service is made on unknown
31	31	shareholders under law.
32	32	(c) Notwithstanding any disability or reinstatement of a
33	33	corporation or limited liability company, service of process under
34	34	this section is sufficient for a judgment against the corporation
35	35	or limited liability company or a judgment in rem against any
36	36	property to which the corporation or limited liability company
37	37	holds title.
38	38	SECTION 2. Section 17.091, Civil Practice and Remedies
39	39	Code, is amended by amending Subsection (a) and adding Subsection
40	40	(f) to read as follows:
41	41	(a) In a suit to collect delinquent property taxes by the
42	42	state or a political subdivision of the state in which a [person who
43	43	is a] defendant in the suit is a nonresident, the secretary of state
44	44	is an agent for service of process on that defendant if the
45	45	defendant owns, has, or claims an interest in or a lien against
46	46	property in this state that is the subject of the suit. This
47	47	section applies regardless of whether the defendant has resided in
48	48	this state.
49	49	(f) In this section, "nonresident" includes:
50	50	(1) an individual who is not a resident of this state;
51	51	and
52	52	(2) a foreign corporation, foreign unincorporated
53	53	association, foreign general partnership, foreign limited
54	54	partnership, foreign limited liability company, foreign
55	55	professional association, foreign business trust, foreign
56	56	cooperative, or foreign real estate investment trust that is not
57	57	required to appoint a registered agent for service of process in
58	58	this state under the provisions of the Business Organizations Code.
59	59	SECTION 3. Section 5.257, Business Organizations Code, as
60	60	amended by this Act, and Section 17.091, Civil Practice and
61	61	Remedies Code, as amended by this Act, apply only to service of
62	62	process issued on or after the effective date of this Act. Service
63	63	of process issued before the effective date of this Act is governed
64	64	by the law as it existed immediately before the effective date of
65	65	this Act, and that law is continued in effect for that purpose.
66	66	SECTION 4. This Act takes effect September 1, 2011.