CIVIL PRACTICE & REMEDIES CODE
CHAPTER 17. PARTIES; CITATION; LONG-ARM JURISDICTION
SUBCHAPTER A. PARTIES TO SUIT
§ 17.001. SUIT ON CONTRACT WITH SEVERAL OBLIGORS OR
PARTIES CONDITIONALLY LIABLE. (a) Except as provided by this
section, the acceptor of a bill of exchange or a principal obligor
on a contract may be sued alone or jointly with another liable
party, but a judgment may not be rendered against a party not
primarily liable unless judgment is also rendered against the
principal obligor.
(b) The assignor, endorser, guarantor, or surety on a
contract or the drawer of an accepted bill may be sued without suing
the maker, acceptor, or other principal obligor, or a suit against
the principal obligor may be discontinued, if the principal
obligor:
(1) is a nonresident or resides in a place where he
cannot be reached by the ordinary process of law;
(2) resides in a place that is unknown and cannot be
ascertained by the use of reasonable diligence;
(3) is dead; or
(4) is actually or notoriously insolvent.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.002. SUIT AGAINST ESTATE FOR LAND TITLE. In a suit
against the estate of a decedent involving the title to real
property, the executor or administrator, if any, and the heirs must
be made parties defendant.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.003. SUIT AGAINST NONRESIDENT OR TRANSIENT PROPERTY
OWNER. For the purpose of establishing title to property, settling
a lien or encumbrance on property, or determining an estate,
interest, lien, or encumbrance, a person who claims an interest in
the property may sue another person who claims an adverse interest
or a lien or encumbrance but resides outside this state, resides in
an unknown place, or is a transient. The plaintiff is not required
to have actual possession of the property.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.004. SUIT AGAINST UNKNOWN HEIRS OR UNKNOWN
STOCKHOLDERS OF DEFUNCT CORPORATION. A person with a claim against
property that has accrued to or been granted to the unknown heirs of
a deceased individual or the unknown stockholders of a defunct
corporation may sue the heirs or stockholders or their heirs or
representatives. The action must describe the defendants as the
heirs of the named deceased individual or the unknown stockholders
of the named corporation.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.005. SUIT AGAINST UNKNOWN LANDOWNER. (a) A
person may sue the unknown owner or claimant of an interest in land
if:
(1) the person bringing suit claims ownership of an
interest in the land or has a claim or cause of action related to the
land against the unknown owner or claimant; and
(2) the unknown owner or claimant:
(A) takes or holds the beneficial interest under
a conveyance, lease, or written contract that conveyed an interest
in the land to a trustee without disclosing the name of the owner of
the beneficial interest; or
(B) takes or holds the interest of a dissolved
association, joint-stock company, partnership, or other
organization under an instrument that did not disclose his name,
and the organization had acquired the interest under a conveyance,
lease, or written contract that conveyed the interest to the
organization in its name without disclosing the names of the
members, shareholders, partners, or other persons owning an
interest in the organization.
(b) A person may not sue the unknown stockholders of a
corporation under this section, but if the plaintiff did not know
that the organization was incorporated and the corporate character
of the organization was not disclosed in the instrument under which
title was acquired, the court retains jurisdiction over the unknown
owners even if the organization was in fact incorporated.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. CITATION GENERALLY
§ 17.021. SERVICE ON CERTAIN NONCORPORATE BUSINESS
AGENTS. (a) In an action against an individual, partnership, or
unincorporated association that arises in a county in which the
individual, partnership, or association has an office, place of
business, or agency for transacting business in this state,
citation or other civil process may be served on an agent or clerk
employed in the office, place of business, or agency if:
(1) the action grows out of or is connected with the
business transacted in this state; and
(2) the individual, partnership, or association:
(A) is not a resident of the county;
(B) is not a resident of this state; or
(C) is a resident of the county but has not been
found for service of process.
(b) To serve process on an agent or clerk under Subsection
(a)(2)(C), the officer making the return of unexecuted process must
certify that after diligent search and inquiry the individual,
partnership, or association cannot be found and served. The
process in the suit may be served on the agent or clerk in any
succeeding term of court.
(c) Service of process on an agent or clerk under this
section has the effect of personal service on the principal
individual, partnership, or unincorporated association and
subjects the principal's nonexempt property to the jurisdiction and
judgment of the court.
(d) If service is made under this section, a default
judgment may not be rendered in the action before the 21st day after
the date of service.
(e) Service of process under this section is in addition to
other methods of service.
(f) This section does not affect venue.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.022. SERVICE ON PARTNERSHIP. Citation served on
one member of a partnership authorizes a judgment against the
partnership and the partner actually served.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.023. SERVICE ON JOINT-STOCK ASSOCIATION. (a) In
an action against a joint-stock association, citation may be served
by:
(1) serving the president, vice-president, secretary,
cashier, assistant cashier, or treasurer of the association;
(2) serving the local agent of the association in the
county in which the suit is brought; or
(3) leaving a copy of the citation at the principal
office of the association during office hours.
(b) If no officer on whom citation may be served resides in
the county in which suit is brought and the association has no agent
in that county, citation may be served on any agent representing the
association in this state.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 288, § 1, eff. Aug. 31, 1987.
§ 17.024. SERVICE ON POLITICAL SUBDIVISION. (a) In a
suit against a county, citation must be served on the county judge.
(b) In a suit against an incorporated city, town, or
village, citation may be served on the mayor, clerk, secretary, or
treasurer.
(c) In a suit against a school district, citation may be
served on the president of the school board or on the
superintendent.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.025. ASSESSMENT OF POSTAGE COST FOR MAIL
SERVICE. (a) If a public official is required or permitted by law
to serve legal process by mail, including process in a suit for
delinquent taxes, the official may:
(1) collect advance payment for the actual cost of the
postage required to serve or deliver the process; or
(2) assess the expense of postage as costs.
(b) Charges under this section are in addition to other
charges allowed by law for services performed by the official
serving the process.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.026. SERVICE ON SECRETARY OF STATE. (a) In an
action in which citation may be served on the secretary of state,
service may be made by certified mail, return receipt requested, by
the clerk of the court in which the case is pending or by the party
or the representative of the party.
(b) The method of service of citation provided by this
section is in addition to any other method authorized by statute or
the Texas Rules of Civil Procedure for service on the secretary of
state.
Added by Acts 1987, 70th Leg., ch. 954, § 1, eff. Sept. 1, 1987.
§ 17.027. PREPARATION AND SERVICE. (a) The plaintiff
or his attorney may prepare the appropriate citation for the
defendant.
(b) The citation must be in the form prescribed by the Texas
Rules of Civil Procedure.
(c) The citation shall be served in the manner prescribed by
law.
(d) The plaintiff or his attorney shall comply with the
applicable Texas Rules of Civil Procedure governing preparation and
issuance of citation.
(e) Repealed by Acts 1997, 75th Leg., ch. 976, § 5, eff.
Sept. 1, 1997.
Added by Acts 1987, 70th Leg., ch. 663, § 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 976, § 5, eff. Sept. 1,
1997.
SUBCHAPTER C. LONG-ARM JURISDICTION IN SUIT ON BUSINESS TRANSACTION
OR TORT
§ 17.041. DEFINITION. In this subchapter, '
nonresident' includes:
(1) an individual who is not a resident of this state;
and
(2) a foreign corporation, joint-stock company,
association, or partnership.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.042. ACTS CONSTITUTING BUSINESS IN THIS STATE. In
addition to other acts that may constitute doing business, a
nonresident does business in this state if the nonresident:
(1) contracts by mail or otherwise with a Texas
resident and either party is to perform the contract in whole or in
part in this state;
(2) commits a tort in whole or in part in this state;
or
(3) recruits Texas residents, directly or through an
intermediary located in this state, for employment inside or
outside this state.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.043. SERVICE ON PERSON IN CHARGE OF BUSINESS. In
an action arising from a nonresident's business in this state,
process may be served on the person in charge, at the time of
service, of any business in which the nonresident is engaged in this
state if the nonresident is not required by statute to designate or
maintain a resident agent for service of process.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.044. SUBSTITUTED SERVICE ON SECRETARY OF
STATE. (a) The secretary of state is an agent for service of
process or complaint on a nonresident who:
(1) is required by statute to designate or maintain a
resident agent or engages in business in this state, but has not
designated or maintained a resident agent for service of process;
(2) has one or more resident agents for service of
process, but two unsuccessful attempts have been made on different
business days to serve each agent; or
(3) is not required to designate an agent for service
in this state, but becomes a nonresident after a cause of action
arises in this state but before the cause is matured by suit in a
court of competent jurisdiction.
(b) The secretary of state is an agent for service of
process on a nonresident who engages in business in this state, but
does not maintain a regular place of business in this state or a
designated agent for service of process, in any proceeding that
arises out of the business done in this state and to which the
nonresident is a party.
(c) After the death of a nonresident for whom the secretary
of state is an agent for service of process under this section, the
secretary of state is an agent for service of process on a
nonresident administrator, executor, or personal representative of
the nonresident. If an administrator, executor, or personal
representative for the estate of the deceased nonresident is not
appointed, the secretary of state is an agent for service of process
on an heir, as determined by the law of the foreign jurisdiction, of
the deceased nonresident.
(d) If a nonresident for whom the secretary of state is an
agent for service of process under this section is judged
incompetent by a court of competent jurisdiction, the secretary of
state is an agent for service of process on a guardian or personal
representative of the nonresident.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 158, § 1, eff. May 25, 1987.
§ 17.045. NOTICE TO NONRESIDENT. (a) If the secretary
of state is served with duplicate copies of process for a
nonresident, the documents shall contain a statement of the name
and address of the nonresident's home or home office and the
secretary of state shall immediately mail a copy of the process to
the nonresident at the address provided.
(b) If the secretary of state is served with process under
Section 17.044(a)(3), he shall immediately mail a copy of the
process to the nonresident (if an individual), to the person in
charge of the nonresident's business, or to a corporate officer (if
the nonresident is a corporation).
(c) If the person in charge of a nonresident's business is
served with process under Section 17.043, a copy of the process and
notice of the service must be immediately mailed to the nonresident
or the nonresident's principal place of business.
(d) The process or notice must be sent by registered mail or
by certified mail, return receipt requested.
(e) If the secretary of state is served with duplicate
copies of process as an agent for a person who is a nonresident
administrator, executor, heir, guardian, or personal
representative of a nonresident, the secretary shall require a
statement of the person's name and address and shall immediately
mail a copy of the process to the person.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 158, § 2, eff. May 25, 1987; Acts
2001, 77th Leg., ch. 275, § 1, eff. Sept. 1, 2001.
SUBCHAPTER D. LONG-ARM JURISDICTION OVER NONRESIDENT MOTOR VEHICLE
OPERATOR
§ 17.061. DEFINITIONS. In this subchapter:
(1) 'Agent' includes a servant, employee, heir, legal
representative, executor, administrator, or guardian.
(2) 'Chairman' means the chairman of the Texas
Transportation Commission.
(3) 'Motor vehicle' includes a motorcycle.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 165, § 22(23), eff. Sept. 1, 1995.
§ 17.062. SUBSTITUTED SERVICE ON CHAIRMAN OF TEXAS
TRANSPORTATION COMMISSION. (a) The chairman of the Texas
Transportation Commission is an agent for service of process on a
person who is a nonresident or an agent of a nonresident in any suit
against the person or agent that grows out of a collision or
accident in which the person or his agent is involved while
operating a motor vehicle in this state.
(b) Process may be served on the chairman in accordance with
this section for a nonresident who was a resident at the time the
cause of action accrued but has subsequently moved from the state.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 165, § 22(24), eff. Sept. 1, 1995.
§ 17.063. METHOD OF SERVICE; NOTICE TO
NONRESIDENT. (a) A certified copy of the process must be served
on the chairman not later than the 20th day prior to the date of
return stated in the process.
(b) Immediately after being served, the chairman by
properly addressed letter shall mail to the nonresident or agent:
(1) a copy of the process; and
(2) notice that the process has been served on the
chairman.
(c) The notice and copy of the process must be sent to the
nonresident or agent by registered mail, or by certified mail,
return receipt requested, with the postage prepaid.
(d) After the chairman deposits the copy of the process in
the mail, it is presumed that the process was transmitted by the
chairman and received by the nonresident or agent. The presumption
may be rebutted.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.064. SAME EFFECT AS PERSONAL SERVICE. Service on
the chairman has the same effect as personal service on the
nonresident.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.065. FAILED SUBSTITUTED SERVICE. (a) If the
notice of service on the chairman cannot be effected by registered
or certified mail or if the nonresident or agent refuses to accept
delivery of the notice, the plaintiff may have the defendant
personally served with a certified copy of the process and a notice
stating that the chairman has been served and the date on which he
was served.
(b) The return of service under this section shall be
endorsed on or attached to the original process issued and must:
(1) state when it was served;
(2) state on whom it was served; and
(3) be signed and sworn to by the party making the
service before a person authorized by law to make an affidavit under
his hand and seal.
(c) The process and notice may be served by any
disinterested person competent to make an oath that the process and
notice were served.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.066. RETURN. An officer who serves process on the
chairman under this subchapter shall state on his return the day and
hour of service and any other facts required generally for returns
of service of citation.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.067. DEFAULT JUDGMENT. If process is served on the
chairman under this subchapter, a court may not grant default
judgment against the defendant before the 21st day after the day on
which the chairman was served.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.068. CONTINUANCE OR POSTPONEMENT. A court may
continue or postpone an action in which process is served under this
subchapter as necessary to afford the defendant reasonable
opportunity to defend.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.069. CHAIRMAN'S CERTIFICATE. (a) On request of
any party and payment of a $25 fee, the chairman shall certify the
occurrence or performance of any duty, act, omission, transaction,
or happening contemplated or required by this subchapter, including
the wording of any registered letter received.
(b) The chairman may make the certification to the court
that issued the process or to another court in which an action is
pending against the nonresident or agent.
(c) The chairman's certificate and the certified wording of
a registered letter are prima facie evidence of the statements
contained in the certificate or letter.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
SUBCHAPTER E. CITATION OF NONRESIDENTS--MISCELLANEOUS PROVISIONS
§ 17.091. SUBSTITUTED SERVICE IN DELINQUENT TAX
CASES. (a) In a suit to collect delinquent property taxes by the
state or a subdivision of the state in which a person who is a
defendant 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 property in this state that is the subject of
the suit.
(b) Process may be served on the secretary of state in
accordance with this section for a nonresident who was a resident at
the time the cause of action accrued but has subsequently moved.
(c) Service of process under this section shall be made in
the manner provided by this chapter for substituted service on
nonresident motor vehicle operators, except that a copy of the
process must be mailed by certified mail.
(d) Service under this section is in addition to procedures
provided by Rule 117a of the Texas Rules of Civil Procedure and has
the same effect as personal service.
(e) Service of process on the secretary of state under this
section must be accompanied by the fee provided by Section
405.031(a), Government Code, for the maintenance by the secretary
of state of a record of the service of process.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 384, § 14, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., 2nd C.S., ch. 6, § 60, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 579, § 1, eff. Jan. 1, 1996; Acts 1997, 75th
Leg., ch. 948, § 5, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch.
1430, § 34, eff. Sept. 1, 2001.
§ 17.092. SERVICE ON NONRESIDENT UTILITY SUPPLIER. A
nonresident individual or partnership that supplies gas, water,
electricity, or other public utility service to a city, town, or
village in this state may be served citation by serving the local
agent, representative, superintendent, or person in charge of the
nonresident's business.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 17.093. SERVICE ON FOREIGN RAILWAY. In addition to
other methods of service provided by law, process may be served on a
foreign railway by serving:
(1) a train conductor who:
(A) handles trains for two or more railway
corporations, at least one of which is the foreign corporation and
at least one of which is a domestic corporation; and
(B) handles trains for the railway corporations
over tracks that cross the state's boundary and on tracks of a
domestic corporation within this state; or
(2) an agent who:
(A) has an office in this state; and
(B) sells tickets or makes contracts for the
transportation of passengers or property over all or part of the
line of the foreign railway.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
