Civil Practice and Remedies Code § 17.021

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 (C) is a resident of the county but has not been found for 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. (c) Service of process on an agent or clerk under this section 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.