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§ 17.062.Substituted Service on Chairman of Texas Transportation Commission

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 2023 · Last verified August 29, 2026

In one sentenceSection 17.062 makes the chairman of the Texas Transportation Commission the agent for service on a nonresident sued over a Texas collision — including someone who was a resident when the claim accrued but has since moved away.

Full Text of § 17.062

Text sizeJump to: (a) (b)

(a)The chairman of the Texas Transportation Commission is an agent for service of process on a person who is a nonresident or an agent of a nonresident in any suit against the person or agent that grows out of a collision in which the person or the person's agent is involved while operating a motor vehicle in this state.
(b)Process may be served on the chairman in accordance with this section for a nonresident who was a resident at the time the cause of action accrued but has subsequently moved from the state.
End

Plain-English Summary

The core of the nonresident motorist scheme, and it rests on a plain proposition: driving on Texas roads carries an obligation to answer here for what happens on them.

The chairman is an agent for service of process on a person who is a nonresident or an agent of a nonresident, in any suit growing out of a collision in which the person or the person's agent is involved while operating a motor vehicle in this state.

Subsection (b) reaches the person who leaves. Process may be served on the chairman for a nonresident who was a resident at the time the cause of action accrued but has subsequently moved from the state. A Texas resident who causes a collision and then relocates is served exactly as a nonresident is.

The provision runs parallel to the general venue rule that facts are assessed when the claim accrued. Moving away changes neither where suit may be brought nor how the defendant is served.

The scheme predates the modern long-arm statute and survives alongside it. Collisions were the first situation in which states asserted jurisdiction over departed defendants, and Texas retained the specialised machinery — with its own service method, its own timing, and its own default judgment rule — rather than folding it into the general provisions.

Frequently Asked Questions

How do I sue an out-of-state driver for a Texas accident?

Process may be served on the chairman of the Texas Transportation Commission as the nonresident's agent, in a suit growing out of a collision while operating a motor vehicle in Texas.

What if the driver lived in Texas at the time but has moved away?

The same method applies. Subsection (b) covers a person who was a resident when the cause of action accrued but has since left the state.

Why is there a separate scheme for collisions?

It predates the general long-arm statute — collisions were the first situation in which states reached departed defendants — and Texas kept the specialised machinery alongside the modern provisions.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(24), eff. Sept. 1, 1995.
  • Amended by:
  • Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 112, eff. September 1, 2023.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source