§ 17.061.Definitions
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 17. Parties; Citation; Long-Arm Jurisdiction · Subchapter D. Long-Arm Jurisdiction Over Nonresident Motor Vehicle Operator · Last amended 1995 · Last verified August 29, 2026
Full Text of § 17.061
Plain-English Summary
Three definitions, and the first is doing more work than its brevity suggests.
"Agent" includes a servant, employee, heir, legal representative, executor, administrator, or guardian.
The last four entries are the point. A nonresident motorist subchapter that reached only living drivers and their employees would fail in exactly the cases that matter most — a fatal collision in which the out-of-state driver also died. Including heirs and personal representatives keeps the machinery working against the estate.
The first two entries do the ordinary work: a nonresident whose servant or employee was driving is reached through this subchapter as though they had been driving themselves.
"Chairman" means the chairman of the Texas Transportation Commission, who is the designated recipient of substituted service under this subchapter — the transportation counterpart of the secretary of state’s role under the general long-arm provisions.
"Motor vehicle" includes a motorcycle, which forecloses an argument that would otherwise have been available and would have excluded a category of collision with a high injury rate.
All three use "includes", a term of enlargement under the Code Construction Act, so none of the lists is closed.
The subchapter these definitions serve is a specialised alternative to the general long-arm statute, aimed at a single recurring problem: the out-of-state driver who causes a collision in Texas and goes home.
Frequently Asked Questions
Who is the "chairman" in these sections?
The chairman of the Texas Transportation Commission, who receives substituted service for nonresident motorists.
Does "agent" include a deceased driver’s estate?
Yes. The definition reaches an heir, legal representative, executor, administrator, or guardian, which keeps the subchapter working after a fatal collision.
Are motorcycles covered?
Yes. "Motor vehicle" expressly includes a motorcycle.
Are the definitions closed lists?
No. All three say "includes", which is a term of enlargement.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(23), eff. Sept. 1, 1995.