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Texas Insurance Code - Not Codified - Section 21A.053. Return Of Summons And Summary Hearing

Legal Research Home > Texas Lawyer > Insurance Code - Not Codified > Texas Insurance Code - Not Codified - Section 21A.053. Return Of Summons And Summary Hearing

Sec. 21A.053. RETURN OF SUMMONS AND SUMMARY HEARING.  (a)
The receivership court shall hold a summary hearing at the time and
date for the return of summons on a petition to commence a formal
delinquency proceeding.
	(b)  If a person is not served with summons on a petition to
commence a formal delinquency proceeding and fails to appear for
the summary hearing, the receivership court shall:
	(1)  continue the summary hearing not more than 10 days;
	(2)  provide for alternative service of summons upon the
person;  and
	(3)  extend any restraining order.
	(c)  Upon a showing of good faith efforts to effect personal
service upon a person who has failed to appear for a continued
summary hearing, the receivership court shall order notice of the
petition to commence a formal delinquency proceeding to be
published.  The order and notice shall specify a return date not
less than 10 or later than 20 days after the date of publication and
that the restraining order has been extended to the continued
hearing date.
	(d)  If a person fails to appear for a summary hearing on a
petition to commence a formal delinquency proceeding after service
of summons, the receivership court shall enter judgment in favor of
the commissioner against that person.
	(e)  A person who appears for the summary hearing on a
petition to commence a formal delinquency proceeding shall file the
person's answer at the hearing, and the receivership court shall:
	(1)  determine whether to extend any temporary restraining
orders pending final judgment;  and
	(2)  set the case for trial on a date not later than 10 days
after the date of the summary hearing.
	(f)  The receivership court may not grant a continuance for
filing an answer.

Added by Acts 2005, 79th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007