Sec. 11.310. PUBLICATION OF NOTICE. (a) Except as provided by Section 17.032, Civil Practice and Remedies Code, if process in an action under this subchapter is returned not found, the attorney general shall publish notice on the public information Internet website maintained as required by Section 72.034, Government Code, and in a newspaper in the county in which the registered office of the filing entity in this state is located. The notice must contain:
(1) a statement of the pendency of the action;
(2) the title of the court;
(3) the title of the action; and
(4) the earliest date on which default judgment may be entered by the court.
(b) Notice under this section must be published on the public information Internet website for at least two consecutive weeks and in a newspaper at least once a week for two consecutive weeks. Notice may be published at any time after the citation has been returned.
(c) The attorney general may include in one published notice the name of each filing entity against which an action for involuntary winding up and termination is pending in the same court.
(d) Not later than the 10th day after the date notice under this section is first published, the attorney general shall send a copy of the notice to the filing entity at the filing entity's registered office in this state. A certificate from the attorney general regarding the sending of the notice is prima facie evidence that notice was sent under this section.
(e) Unless a filing entity has been served with citation, a default judgment may not be taken against the entity before the 31st day after the date the notice is first published.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.02, eff. June 1, 2020.
Structure Texas Statutes
Chapter 11 - Winding Up and Termination of Domestic Entity
Subchapter G. Judicial Winding Up and Termination
Section 11.301. Involuntary Winding Up and Termination of Filing Entity by Court Action
Section 11.302. Notification of Cause by Secretary of State
Section 11.303. Filing of Action by Attorney General
Section 11.304. Cure Before Final Judgment
Section 11.305. Judgment Requiring Winding Up and Termination
Section 11.306. Stay of Judgment
Section 11.307. Opportunity for Cure After Affirmation of Findings by Appeals Court
Section 11.308. Jurisdiction and Venue
Section 11.309. Process in State Action
Section 11.310. Publication of Notice
Section 11.311. Action Allowed After Expiration of Filing Entity's Duration
Section 11.312. Compliance by Terminated Entity
Section 11.313. Timing of Termination
Section 11.314. Involuntary Winding Up and Termination of Partnership or Limited Liability Company
Section 11.315. Filing of Decree of Termination Against Filing Entity