The commissioner is the agent for service of process in the manner provided by Subchapter C, Chapter 804, in a legal proceeding against a nonresident agent who holds a license issued under this chapter if:

1. (1) the nonresident agent does not appoint or maintain an agent for service in this state;
2. (2) an agent for service is appointed but cannot with reasonable diligence be found; or
3. (3) the license of the nonresident agent is revoked.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.