Tex. Bus. & Com. Code § 38.108
§ 38.108. Secretary of State as Seller's Agent to Receive Service
(a)
A seller shall file with the secretary of state, in the form prescribed by the secretary of state, an
irrevocable consent appointing the secretary of state to act as the seller's agent to receive service of
process in a noncriminal suit, action, or proceeding against the seller or the seller's successor, executor,
or administrator that may arise under this chapter if:
(1)
an agent has not been designated under Section 38.151(15);
(2)
the agent has resigned or died and a replacement has not been
designated under Section 38.106; or
(3)
the agent cannot with reasonable diligence be found at the
designated address.
(b)
Service on the secretary of state under this section has the same effect as service on the seller.
Service on the secretary of state may be made by:
(1)
leaving a copy of the process in the office of the secretary of
state;
(2)
promptly sending by first-class mail a notice of the service and a
copy of the process to the seller's principal business location at the
last address on file with the secretary of state; and
(3)
filing the plaintiff's affidavit of compliance with this section in
the case on or before the return date of the process, if any, or within
an additional period that the court allows.
