Sec. 9.160. 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 foreign 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 a published notice the name of each foreign filing entity against which an action for involuntary revocation 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 appropriate foreign filing entity at the foreign 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 foreign 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. 10.01, eff. June 1, 2020.
Structure Texas Statutes
Subchapter D. Judicial Revocation of Registration
Section 9.151. Revocation of Registration by Court Action
Section 9.152. Notification of Cause by Secretary of State
Section 9.153. Filing of Action by Attorney General
Section 9.154. Cure Before Final Judgment
Section 9.155. Judgment Requiring Revocation
Section 9.156. Stay of Judgment
Section 9.157. Opportunity for Cure After Affirmation of Findings by Appeals Court
Section 9.158. Jurisdiction and Venue
Section 9.159. Process in State Action
Section 9.160. Publication of Notice
Section 9.161. Filing of Decree of Revocation Against Foreign Filing Entity
Section 9.162. Applicability of Subchapter to Foreign Limited Liability Partnerships