Texas Business Organizations Code
Sec. § 11.309
Process in State Action


Citation in an action for the involuntary winding up and termination of a filing entity under this subchapter shall be issued and served as provided by law.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Sec. 11.310. PUBLICATION OF NOTICE.

(a)

If process in an action under this subchapter is returned not found, the attorney general shall publish notice in a newspaper in the county in which the registered office of the filing entity in this state is located. The notice must contain:

(1)

a statement of the pendency of the action;

(2)

the title of the court;

(3)

the title of the action; and

(4)

the earliest date on which default judgment may be entered by the court.

(a)

Except as provided by Section 17.032, Civil Practice and Remedies Code, if process in an action under this subchapter is returned not found, the attorney general shall publish notice on the public information Internet website maintained as required by Section 72.034, Government Code, and in a newspaper in the county in which the registered office of the filing entity in this state is located. The notice must contain:

(1)

a statement of the pendency of the action;

(2)

the title of the court;

(3)

the title of the action; and

(4)

the earliest date on which default judgment may be entered by the court.

(b)

Notice under this section must be published at least once a week for two consecutive weeks beginning at any time after the citation has been returned.

(b)

Notice under this section must be published on the public information Internet website for at least two consecutive weeks and in a newspaper at least once a week for two consecutive weeks. Notice may be published at any time after the citation has been returned.

(c)

The attorney general may include in one published notice the name of each filing entity against which an action for involuntary winding up and termination is pending in the same court.

(d)

Not later than the 10th day after the date notice under this section is first published, the attorney general shall send a copy of the notice to the filing entity at the filing entitys registered office in this state. A certificate from the attorney general regarding the sending of the notice is prima facie evidence that notice was sent under this section.

(e)

Unless a filing entity has been served with citation, a default judgment may not be taken against the entity before the 31st day after the date the notice is first published.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.02, eff. June 1, 2020.
Sec. 11.311. ACTION ALLOWED AFTER EXPIRATION OF FILING ENTITYS DURATION. The expiration of a filing entitys period of duration does not, by itself, create a vested right on the part of an owner or creditor of the filing entity to prevent an action by the attorney general for the involuntary winding up of the filing entitys business and termination of the filing entitys existence.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Source
Last accessed
Oct. 17, 2019