28 Tex. Admin. Code § 7.1411 - Service of Process, Notice, Order, or Pleading on Secretary of State on Behalf of Unauthorized Persons and Insurers
(a) Service of process may be effected on the
secretary of state in those actions, suits, or other proceedings brought:
(1) in court by the State Board of Insurance
or by the state against unauthorized persons or insurers; or
(2) before the State Board of Insurance by
notice, order, pleading, or other process against unauthorized persons or
insurers.
(b) Any act of
doing an insurance business as provided by the Insurance Code, Article 1.14-1,
§2, by an unauthorized person or insurer is equivalent to and constitutes an
irrevocable appointment by that person or insurer of the secretary of state to
be the lawful attorney for service of that person or insurer. Such appointment
is binding on that person or insurer, on the executor, administrator, or
personal representative of that person or insurer, or, if that person or
insurer is a corporation, on any successor in interest to that person or
insurer to be the lawful attorney for service of that person or insurer. The
secretary of state may be served legal notice, order, pleading, or other
process in any proceeding described by subsection (a) of this section that
arises out of doing an insurance business in this state by that person or
insurer.
(c) Any act of doing an
insurance business as provided by the Insurance Code, Article 1.14-1, §2, by
any unauthorized person or insurer signifies that the person or insurer agrees
that a notice, order, pleading, or other legal process in the proceeding
described by subsection (a) of this section has the same legal force and
validity as personal service of process in this state on that person or insurer
or on the executor, administrator, or personal representative of that person or
insurer, or, if that person or insurer is a corporation, on its successor in
interest.
(d) Service of a notice,
order, pleading, or other process in a proceeding described by subsection (a)
of this section must be made by leaving two copies of the notice, order,
pleading, or other process with the secretary of state or with any appointee of
the secretary of state authorized to receive service at the office of the
secretary of state during regular business hours.
(e) The secretary of state shall mail one
copy of the notice, order, pleading, or other process in the proceeding to the
defendant in a court proceeding or to the person, company, or other entity to
whom the notice, order, pleading, or process in an administrative proceeding is
addressed or directed at the person's or entity's last known home office or
principal place of business. The secretary of state shall keep a record of the
notices, orders, pleadings, and other process served on the secretary of
state.
(f) A plaintiff or
complainant is not entitled to a judgment or determination by default in any
court or administrative proceeding in which a notice, order, pleading, or other
process in proceedings is served under this section earlier than the 30th day
after the date the copy of the service is mailed to the defendant.
Notes
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