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  S.B. No. 582
 
 
 
 
AN ACT
  relating to service of process on certain domestic and foreign
  entities for the collection of delinquent property taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5.257, Business Organizations Code, is
  amended to read as follows:
         Sec. 5.257.  SERVICE OF PROCESS BY POLITICAL SUBDIVISION.
  (a)  A process, notice, or demand required or permitted by law to be
  served by a political subdivision of this state or by a person,
  including another political subdivision or an attorney, acting on
  behalf of a political subdivision in connection with the collection
  of a delinquent ad valorem tax may be served on a domestic or
  foreign corporation whose corporate privileges are forfeited under
  Section 171.251, Tax Code, a domestic or foreign limited liability
  company whose right to transact business in this state is forfeited
  under Section 171.2515, Tax Code, or a corporation or limited
  liability company that is involuntarily terminated under Chapter
  11[,] or whose registration is revoked under Chapter 9 by delivery
  of the process, notice, or demand to any officer or director of the
  corporation or manager or member of the limited liability company,
  as listed in the most recent records of the secretary of state.
         (b)  If the officers or directors of a corporation or the
  managers or members of the limited liability company are unknown or
  cannot be found, service on the corporation or limited liability
  company may be made in the same manner as service is made on unknown
  shareholders under law.
         (c)  Notwithstanding any disability or reinstatement of a
  corporation or limited liability company, service of process under
  this section is sufficient for a judgment against the corporation
  or limited liability company or a judgment in rem against any
  property to which the corporation or limited liability company
  holds title.
         SECTION 2.  Section 17.091, Civil Practice and Remedies
  Code, is amended by amending Subsection (a) and adding Subsection
  (f) to read as follows:
         (a)  In a suit to collect delinquent property taxes by the
  state or a political subdivision of the state in which a [person who
  is a] defendant in the suit is a nonresident, the secretary of state
  is an agent for service of process on that defendant if the
  defendant owns, has, or claims an interest in or a lien against
  property in this state that is the subject of the suit.  This
  section applies regardless of whether the defendant has resided in
  this state.
         (f)  In this section, "nonresident" includes:
               (1)  an individual who is not a resident of this state;
  and
               (2)  a foreign corporation, foreign unincorporated
  association, foreign general partnership, foreign limited
  partnership, foreign limited liability company, foreign
  professional association, foreign business trust, foreign
  cooperative, or foreign real estate investment trust that is not
  required to appoint a registered agent for service of process in
  this state under the provisions of the Business Organizations Code.
         SECTION 3.  Section 5.257, Business Organizations Code, as
  amended by this Act, and Section 17.091, Civil Practice and
  Remedies Code, as amended by this Act, apply only to service of
  process issued on or after the effective date of this Act. Service
  of process issued before the effective date of this Act is governed
  by the law as it existed immediately before the effective date of
  this Act, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 582 passed the Senate on
  March 24, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 582 passed the House on
  April 7, 2011, by the following vote:  Yeas 144, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor