{"data":{"id":"us-tx/tex.-insurance-code-443.053","jurisdiction":"us-tx","citation":"Tex. Insurance Code § 443.053","heading":"RETURN OF SUMMONS AND SUMMARY HEARING.","body":"(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.\n(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:\n(1) continue the summary hearing not more than 10 days;\n(2) provide for alternative service of summons upon the person; and\n(3) extend any restraining order.\n(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.\n(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.\n(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:\n(1) determine whether to extend any temporary restraining orders pending final judgment; and\n(2) set the case for trial on a date not later than 10 days after the date of the summary hearing.\n(f) The receivership court may not grant a continuance for filing an answer.\nAdded by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.\nRedesignated from Insurance Code - Not Codified, Art/Sec 21A.053 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.\nRedesignated from Insurance Code - Not Codified, Art/Sec 21A.053 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.","path":["INSURANCE CODE","TITLE 4. REGULATION OF SOLVENCY","SUBTITLE C. DELINQUENT INSURERS","CHAPTER 443. INSURER RECEIVERSHIP ACT","SUBCHAPTER B. PROCEEDINGS"],"source_url":"https://statutes.capitol.texas.gov/Docs/IN/htm/IN.443.htm#443.053","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:21Z","sha256":"6dd2ae74951383531981be02559bfa72d762c15d2980ebc3ba4b7e48e997150f","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-insurance-code-443.052","next":"us-tx/tex.-insurance-code-443.054"},"notice":"GroundRules: Original legal text. Not legal advice."}