Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 443.053 - Return of Summons and Summary Hearing(a) The receivership court shall hold a summary hearing at the time and date for the return of summons on a petition to commence a formal delinquency proceeding.(b) If a person is not served with summons on a petition to commence a formal delinquency proceeding and fails to appear for the summary hearing, the receivership court shall: (1) continue the summary hearing not more than 10 days;(2) provide for alternative service of summons upon the person; and(3) extend any restraining order.(c) Upon a showing of good faith efforts to effect personal service upon a person who has failed to appear for a continued summary hearing, the receivership court shall order notice of the petition to commence a formal delinquency proceeding to be published. The order and notice shall specify a return date not less than 10 or later than 20 days after the date of publication and that the restraining order has been extended to the continued hearing date.(d) If a person fails to appear for a summary hearing on a petition to commence a formal delinquency proceeding after service of summons, the receivership court shall enter judgment in favor of the commissioner against that person.(e) A person who appears for the summary hearing on a petition to commence a formal delinquency proceeding shall file the person's answer at the hearing, and the receivership court shall:(1) determine whether to extend any temporary restraining orders pending final judgment; and(2) set the case for trial on a date not later than 10 days after the date of the summary hearing.(f) The receivership court may not grant a continuance for filing an answer.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.053 by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 3B.004(a)(1), eff. 9/1/2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.053 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 9.004(a)(1), eff. 9/1/2007.Added by Acts 2005, 79th Leg., Ch. 995, Sec. 1, eff. 9/1/2005.