Sec. 804.106.  ELIGIBLE SURPLUS LINES INSURER;  POLICY REQUIREMENT FOR INSURER AND AGENT.  (a)  Each surplus lines insurer that assumes a surplus lines risk under Chapter 981 is subject to this section.
(b)  Any act of engaging in the business of insurance by an eligible surplus lines insurer:
(1)  constitutes the irrevocable appointment of the secretary of state by that insurer as agent for service of process arising from the insurer's engaging in the business of insurance in this state, other than service of process for an action or proceeding by the department or state;  and
(2)  signifies the insurer's agreement that service under this subsection has the same effect as personal service on the insurer or the insurer's successor in interest.
(c)  An appointment under Subsection (b)(1) is binding on the eligible surplus lines insurer and the insurer's successor in interest.
(d)  A policy issued by an eligible surplus lines insurer or a certificate of insurance issued by the surplus lines agent must contain a provision stating the substance of this section and designating the person to whom the commissioner is to mail process.  The plaintiff shall supply this address in any citation served under this section.
(e)  This section is in addition to any other method provided by law for service of process on a surplus lines insurer, including the method provided by Subchapter C.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.