Tex.
Ins. Code Section 443.053
Return of Summons and Summary Hearing
(a)
The receivership court shall hold a summary hearing at the time and date for the return of summons on a petition to commence a formal delinquency proceeding.(b)
If a person is not served with summons on a petition to commence a formal delinquency proceeding and fails to appear for the summary hearing, the receivership court shall:(1)
continue the summary hearing not more than 10 days;(2)
provide for alternative service of summons upon the person; and(3)
extend any restraining order.(c)
Upon a showing of good faith efforts to effect personal service upon a person who has failed to appear for a continued summary hearing, the receivership court shall order notice of the petition to commence a formal delinquency proceeding to be published. The order and notice shall specify a return date not less than 10 or later than 20 days after the date of publication and that the restraining order has been extended to the continued hearing date.(d)
If a person fails to appear for a summary hearing on a petition to commence a formal delinquency proceeding after service of summons, the receivership court shall enter judgment in favor of the commissioner against that person.(e)
A person who appears for the summary hearing on a petition to commence a formal delinquency proceeding shall file the person’s answer at the hearing, and the receivership court shall:(1)
determine whether to extend any temporary restraining orders pending final judgment; and(2)
set the case for trial on a date not later than 10 days after the date of the summary hearing.(f)
The receivership court may not grant a continuance for filing an answer.
Source:
Section 443.053 — Return of Summons and Summary Hearing, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.443.htm#443.053
(accessed Jun. 5, 2024).