Tex. Codes » Business Organizations Code · TITLE 1. GENERAL PROVISIONS · CHAPTER 5. NAMES OF ENTITIES; REGISTERED AGENTS AND REGISTERED OFFICES
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Tex. Bus. Orgs. Code § 5.253 (2026)

Action By Secretary Of State

✓ laws through the 89th Legislature (2025)
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Sec. 5.253. ACTION BY SECRETARY OF STATE. (a) After service in compliance with Section 5.252, the secretary of state shall immediately send one of the copies of the process, notice, or demand to the named entity.

(b) The notice must be:

(1) addressed to the most recent address of the entity on file with the secretary of state; and

(2) sent by certified mail, with return receipt requested.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2010–2026 · leading case: Huffman Asset Mgmt., LLC v. Maurice Colter, No. 24-0205, 2026 WL 1500963 (Tex. May 29, 2026).
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Huffman Asset Mgmt., LLC v. Maurice Colter, No. 24-0205, 2026 WL 1500963 (Tex. May 29, 2026). · cites it 5× “at 320 (citing TEX. BUS. ORGS. CODE § 5.253). The court 2 The current version of the rule also requires certification of the opposing party’s last known email address.”
Huffman Asset Mgmt., LLC v. Maurice Colter, 719 S.W.3d 308 (Tex. App.—Dallas 2023). · cites it 3× “” TEX. BUS. ORGS. CODE § 5.253. A certificate by the Secretary of State as to service conclusively establishes that process was served.”
El Paisano Nw. High., Inc. v. Irma Arzatre, No. 05-12-01457-CV (Tex. App.—Dallas Apr. 14, 2014). · cites it 2× “See TEX. BUS. ORGS. CODE ANN. § 5.253. As an agent for receiving process on El Paisano’s behalf, the secretary of state’s receipt of the process gave El Paisano constructive notice of the lawsuit.”
Samuels & Sons, LLC v. Caroline Williamson, No. 05-21-00123-CV (Tex. App.—Dallas Aug. 3, 2022). “The record reflects that, after the Secretary received copies of the petition and citation, the Secretary fulfilled its statutory duty by forwarding the process to appellants’ registered agents at their registered offices by certified mail.”
Dansk Express, LLC v. IPFS Corp., No. 01-22-00621-CV, 2023 WL 4937497 (Tex. App.—Houston [1st Dist.] Aug. 3, 2023). “” See TEX. BUS. ORGS. CODE § 5.253. And the record shows that the SOS sent process to Dansk at the Shoregrove address.”
Am. Servs. U.S. LLC v. Identity Built, LLC, No. 01-23-00540-CV (Tex. App.—Houston [1st Dist.] May 1, 2025). “See TEX. BUS. ORGS. CODE § 5.253(a)–(b)(1). American Services did not file an answer or otherwise appear in the trial court, and the court rendered a default judgment in favor of Identity Built.”
Shamrock Enter., LLC v. Top Notch Movers, LLC, 728 S.W.3d 693 (Tex. 2026). “16 TEX. BUS. ORGS. CODE § 5.253(b)(1); see Whitney, 500 S.”
Access Dental Mgmt., LLC v. June's Boutique, LLC, No. 13-24-00367-CV (Apr. 23, 2026). “” TEX. BUS. ORGS. CODE § 5.253(a). Once the Secretary of State has forwarded the service and citation to the defendant, it must issue what is known as a “Whitney certificate.”
ID/Guerra LP v. Texas Workforce Comm'n, No. 03-09-00263-CV (Tex. App.—Austin July 29, 2010). “11(B) is now found at Tex. Bus. Orgs. Code Ann. § 5.253 , entitled “Action by Secretary of State” (West Pamph.”
Legends Landscapes, LLC v. Thomas Brown, No. 06-13-00129-CV, 2014 WL 1260624 (Tex. App.—Texarkana Mar. 27, 2014). “TEX. BUS. ORGS. CODE ANN. § 5.253 (West 2012).”
Tex. Bus. Orgs. Code § 5.253(a): 2 cases
Am. Servs. U.S. LLC v. Identity Built, LLC, No. 01-23-00540-CV (Tex. App.—Houston [1st Dist.] May 1, 2025). “See TEX. BUS. ORGS. CODE § 5.253(a)–(b)(1). American Services did not file an answer or otherwise appear in the trial court, and the court rendered a default judgment in favor of Identity Built.”
Access Dental Mgmt., LLC v. June's Boutique, LLC, No. 13-24-00367-CV (Apr. 23, 2026). “” TEX. BUS. ORGS. CODE § 5.253(a). Once the Secretary of State has forwarded the service and citation to the defendant, it must issue what is known as a “Whitney certificate.”
Tex. Bus. Orgs. Code § 5.253(b): 2 cases
Huffman Asset Mgmt., LLC v. Maurice Colter, 719 S.W.3d 308 (Tex. App.—Dallas 2023). “” TEX. BUS. ORGS. CODE § 5.253. A certificate by the Secretary of State as to service conclusively establishes that process was served.”
Huffman Asset Mgmt., LLC v. Maurice Colter, No. 24-0205, 2026 WL 1500963 (Tex. May 29, 2026). “at 320 (citing TEX. BUS. ORGS. CODE § 5.253). The court 2 The current version of the rule also requires certification of the opposing party’s last known email address.”
Tex. Bus. Orgs. Code § 5.253(b)(1): 3 cases
Huffman Asset Mgmt., LLC v. Maurice Colter, No. 24-0205, 2026 WL 1500963 (Tex. May 29, 2026). “at 320 (citing TEX. BUS. ORGS. CODE § 5.253). The court 2 The current version of the rule also requires certification of the opposing party’s last known email address.”
Shamrock Enter., LLC v. Top Notch Movers, LLC, 728 S.W.3d 693 (Tex. 2026). “16 TEX. BUS. ORGS. CODE § 5.253(b)(1); see Whitney, 500 S.”
El Paisano Nw. High., Inc. v. Irma Arzatre, No. 05-12-01457-CV (Tex. App.—Dallas Apr. 14, 2014). “See TEX. BUS. ORGS. CODE ANN. § 5.253. As an agent for receiving process on El Paisano’s behalf, the secretary of state’s receipt of the process gave El Paisano constructive notice of the lawsuit.”
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