§ 17.045.Notice to Nonresident
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 17. Parties; Citation; Long-Arm Jurisdiction · Subchapter C. Long-Arm Jurisdiction in Suit on Business Transaction or Tort · Last amended 2001 · Last verified August 29, 2026
Full Text of § 17.045
Plain-English Summary
The provision that supplies actual notice, and without it the long-arm scheme would be a fiction.
When the secretary of state is served with duplicate copies of process, the documents must contain a statement of the name and address of the nonresident's home or home office, and the secretary shall immediately mail a copy to the nonresident at the address provided.
Duplicate copies are required for the obvious reason: one stays with the secretary as the record of service, one goes to the defendant. And the address is the plaintiff's responsibility. The secretary forwards to the address given, and a plaintiff who supplies a bad one has not achieved notice.
Subsection (b) covers the person who became a nonresident after the claim arose: the secretary mails to the nonresident if an individual, to the person in charge of their business, or to a corporate officer if a corporation.
Subsection (c) covers service on the person in charge of a nonresident's Texas business: a copy of the process and notice of the service must be immediately mailed to the nonresident or the nonresident's principal place of business.
Subsection (d) fixes the method for all of them — registered mail, or certified mail, return receipt requested. Ordinary mail does not satisfy the section.
Subsection (e) applies the same requirements where the secretary is served as agent for a nonresident administrator, executor, heir, guardian, or personal representative: the secretary requires a statement of the person's name and address and mails a copy immediately.
Frequently Asked Questions
Does the defendant actually get the papers?
Yes. The secretary of state must immediately mail a copy of the process to the nonresident at the address provided, by registered or certified mail, return receipt requested.
Who supplies the defendant's address?
The plaintiff. The process served on the secretary must contain a statement of the nonresident's home or home office address, and the secretary forwards to that address.
Why must duplicate copies be served?
One remains with the secretary as the record of service and one is forwarded to the defendant.
Can ordinary mail be used?
No. The process or notice must be sent by registered mail or by certified mail, return receipt requested.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 158, Sec. 2, eff. May 25, 1987; Acts 2001, 77th Leg., ch. 275, Sec. 1, eff. Sept. 1, 2001.