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

✓ current as of May 2026
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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 & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter.
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Huffman Asset Mgmt., LLC & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter (Tex. 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 & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter (Tex. App. 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 (Tex. App. 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, Mary Tucker, & Jacob Shape (Tex. App. 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. (Tex. App. 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 (Tex. App. 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 D/B/A Frsteam gulfcoast/la v. Top Notch Movers, LLC (Tex. 2026). “16 TEX. BUS. ORGS. CODE § 5.253(b)(1); see Whitney, 500 S.”
Access Dental Mgmt., LLC v. June's Boutique, LLC (txctapp13 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 (Tex. App. 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 D/B/A B & B Constr. (Tex. App. 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 (Tex. App. 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 (txctapp13 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 & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter (Tex. App. 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 & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter (Tex. 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 & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter (Tex. 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 D/B/A Frsteam gulfcoast/la v. Top Notch Movers, LLC (Tex. 2026). “16 TEX. BUS. ORGS. CODE § 5.253(b)(1); see Whitney, 500 S.”
El Paisano Nw. High., Inc. v. Irma Arzatre (Tex. App. 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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