Sec. 302.108.  APPOINTMENT OF SECRETARY OF STATE AS AGENT FOR 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 action or proceeding that may arise under this chapter against the seller or the seller's successor, executor, or administrator if:
(1)  an agent has not been named under Section 302.151(15);
(2)  the agent named under Section 302.151(15) has resigned or died and the name of a successor agent has not been submitted under Section 302.105; or
(3)  the agent named under Section 302.151(15) cannot with reasonable diligence be found at the disclosed 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 action or proceeding on or before the return date of any process or within an additional period that the court allows.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.