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AN ACT
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relating to service of process for delinquent taxes on a |
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nonresident. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 17.091(a), (b), and (c), Civil Practice |
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and Remedies Code, are amended 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 |
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section applies regardless of whether the defendant has resided in |
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this state. |
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(b) Duplicate copies of the process issued by the clerk of |
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the court in which the suit is pending must be served on the |
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secretary of state not later than the 20th day before the date of |
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return stated in the process. The process must include the name and |
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address of the nonresident's home or home office. The address may |
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be a post office box. [Process may be served on the secretary of
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state in accordance with this section for a nonresident who was a
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resident at the time the cause of action accrued but has
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subsequently moved.] |
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(c) Immediately after being served, the secretary of state |
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shall mail a copy of the process to the nonresident at the address |
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provided under Subsection (b) by certified mail, return receipt |
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requested, with the postage prepaid. The secretary of state shall |
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certify to the court that issued the process that the secretary of |
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state has complied with this section. [Service of process under
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this section shall be made in the manner provided by this chapter
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for substituted service on nonresident motor vehicle operators,
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except that a copy of the process must be mailed by certified mail.] |
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SECTION 2. Section 17.091, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to service of process |
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issued on or after the effective date of this Act. Service of |
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process issued before the effective date of this Act is governed by |
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the law as it existed immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1804 was passed by the House on April |
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24, 2009, by the following vote: Yeas 140, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1804 was passed by the Senate on May |
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14, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |