SECTION 71.21. Service of Process

(a) Service on the Secretary. Service of process on the Secretary of State may be accomplished under many of the existing statutory authorities by delivering to the Secretary of State or to any clerk so designated by the secretary of state, two copies of the process. The name and appropriate address of the person being named as defendant must be provided. It is the responsibility of the attorney or person seeking service of process to determine when to obtain and to secure personal service of process upon the Secretary of State.

(b) Forwarding by the Secretary. One copy of the petition and citation will be forwarded by registered or certified mail, as appropriate under the particular statute under which service is being made, to the person named at the address provided.

(c) Certificate of Service. Upon request, the Secretary of State will issue a certificate showing:

(1) That service was accomplished;

(2) That a copy of the process was forwarded to the named defendant at the specified address; and

(3) The disposition of the mailing shown on the postal return receipt.

(d) Fees. The fees due the Secretary of State for maintaining a record of service of process, forwarding the process, and for issuing a certificate of service shall be as provided in §405.031 of the Texas Government Code.

(e) In this chapter "person" includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.

Source Note: The provisions of this §71.21 adopted to be effective September 6, 1999, 24 TexReg 6965; amended to be effective December 9, 2001, 26 TexReg 9776; amended to be effective September 30, 2004, 29 TexReg 9173