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Texas Business & Commerce Code - Section 38.108. Secretary Of State As Seller's Agent To Receive Service

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 38.108. Secretary Of State As Seller's Agent To Receive Service

§ 38.108. SECRETARY OF STATE AS SELLER'S AGENT TO RECEIVE 
SERVICE.  (a) A seller shall file with the secretary of state, in 
the form prescribed by the secretary of state, an irrevocable 
consent appointing the secretary of state to act as the seller's 
agent to receive service of process in a noncriminal suit, action, 
or proceeding against the seller or the seller's successor, 
executor, or administrator that may arise under this chapter if:
		(1)  an agent has not been designated under Section 
38.151(15);             
		(2)  the agent has resigned or died and a replacement 
has not been designated under Section 38.106;  or
		(3)  the agent cannot with reasonable diligence be 
found at the designated address.
	(b)  Service on the secretary of state under this section has 
the same effect as service on the seller.  Service on the secretary 
of state may be made by:
		(1)  leaving a copy of the process in the office of the 
secretary of state; 
		(2)  promptly sending by first-class mail a notice of 
the service and a copy of the process to the seller's principal 
business location at the last address on file with the secretary of 
state;  and
		(3)  filing the plaintiff's affidavit of compliance 
with this section in the case on or before the return date of the 
process, if any, or within an additional period that the court 
allows. 

Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997.          

Last modified: August 10, 2007