CHAPTER 17. PARTIES; CITATION; LONG-ARM JURISDICTION

State Codes and Statutes

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CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE B. TRIAL MATTERS

CHAPTER 17. PARTIES; CITATION; LONG-ARM JURISDICTION

SUBCHAPTER A. PARTIES TO SUIT

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER B. CITATION GENERALLY

Sec. 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

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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 288, Sec. 1, eff. Aug. 31,

1987.

Sec. 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.

on the president of the school board or on the superintendent.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1,

1987.

Sec. 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.

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, Sec. 5, eff.

Sept. 1, 1997.

Added by Acts 1987, 70th Leg., ch. 663, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1997, 75th Leg., ch. 976, Sec. 5, eff.

Sept. 1, 1997.

Sec. 17.028. SERVICE ON FINANCIAL INSTITUTIONS. (a) In this

section, "financial institution" has the meaning assigned by

Section 201.101, Finance Code.

(b) Except as provided by Subsection (c), in an action against a

financial institution, citation may be served by:

(1) serving the registered agent of the financial institution;

(2) if the financial institution does not have a registered

agent, serving the president or a branch manager at any office

located in this state.

of this state, another state, or federal law, citation may be

served by:

(1) serving the registered agent of the credit union; or

(2) if the credit union does not have a registered agent,

serving the president or vice president.

(d) If citation has not been properly served as provided by this

section, a financial institution may maintain an action to set

aside the default judgment or any sanctions entered against the

financial institution.

(e) A citation served on a credit union that is located in a

place of worship may not be served during a worship service.

Added by Acts 2007, 80th Leg., R.S., Ch.

244, Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. LONG-ARM JURISDICTION IN SUIT ON BUSINESS

TRANSACTION OR TORT

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 158, Sec. 1, eff. May 25,

1987.

Sec. 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).

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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 158, Sec. 2, eff. May 25,

1987; Acts 2001, 77th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2001.

SUBCHAPTER D. LONG-ARM JURISDICTION OVER NONRESIDENT MOTOR

VEHICLE OPERATOR

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(23), eff. Sept.

1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(24), eff. Sept.

1, 1995.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

person competent to make an oath that the process and notice were

served.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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.

registered letter are prima facie evidence of the statements

contained in the certificate or letter.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER E. CITATION OF NONRESIDENTS--MISCELLANEOUS PROVISIONS

Sec. 17.091. SUBSTITUTED SERVICE IN DELINQUENT TAX CASES. (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.

(b) Duplicate copies of the process issued by the clerk of the

court in which the suit is pending must be served on the

secretary of state not later than the 20th day before the date of

return stated in the process. The process must include the name

and address of the nonresident's home or home office. The

address may be a post office box.

mail a copy of the process to the nonresident at the address

provided under Subsection (b) by certified mail, return receipt

requested, with the postage prepaid. The secretary of state

shall certify to the court that issued the process that the

secretary of state has complied with this section.

(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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 384, Sec. 14, eff. Sept. 1,

1989; Acts 1991, 72nd Leg., 2nd C.S., ch. 6, Sec. 60, eff. Sept.

1, 1991; Acts 1995, 74th Leg., ch. 579, Sec. 1, eff. Jan. 1,

1996; Acts 1997, 75th Leg., ch. 948, Sec. 5, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 1430, Sec. 34, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1126, Sec. 28, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

182, Sec. 1, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

State Codes and Statutes

State Codes and Statutes

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