By: Nelson S.B. No. 1054
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the service of summons and waiver of service.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 53. Section 53.06, Texas Family Code, is
1-4 amended to read as follows:
1-5 Sec. 53.06. SUMMONS. (a) The juvenile court shall direct
1-6 issuance of a summons to:
1-7 (1) the child named in the petition;
1-8 (2) the child's parent, guardian, or custodian;
1-9 (3) the child's guardian ad litem; and
1-10 (4) any other person who appears to the court to be a
1-11 proper or necessary party to the proceeding.
1-12 (b) The summons must require the persons served to appear
1-13 before the court at the time set to answer the allegations of the
1-14 petition. A copy of the petition must accompany the summons.
1-15 (c) The court may endorse on the summons an order directing
1-16 the parent, guardian, or custodian of the child to appear
1-17 personally at the hearing and directing the person having the
1-18 physical custody or control of the child to bring the child to the
1-19 hearing. A person who violates an order entered under this
1-20 subsection may be proceeded against under Section 54.07 of this
1-21 code.
1-22 (d) If it appears from an affidavit filed or from sworn
1-23 testimony before the court that immediate detention of the child is
2-1 warranted under Section 53.02(b) of this code, the court may
2-2 endorse on the summons an order that a law-enforcement officer
2-3 shall serve the summons and shall immediately take the child into
2-4 custody and bring him before the court.
2-5 (e) Any <A> party, including <other than> the child, may
2-6 waive service of summons by written stipulation or by voluntary
2-7 appearance at the hearing. A written stipulation waiving service
2-8 is sufficient if it is signed by the child and at least one parent,
2-9 the guardian, or a custodian of the child. The personal appearance
2-10 of any person, including the child, at any hearing before the court
2-11 or referee constitutes a waiver of service of summons and
2-12 submission to the jurisdiction of the court.
2-13 SECTION 2. Chapter 53, Article 53.07. Texas Family Code, is
2-14 amended to read as follows:
2-15 Sec. 53.07. SERVICE OF SUMMONS. (b) The juvenile court has
2-16 jurisdiction of the case <if after reasonable effort a person other
2-17 than the child cannot be found nor his post office ascertained,
2-18 whether he is in or outside the state> and jurisdiction attaches to
2-19 the child and the case when:
2-20 (1) the summons is served upon the child;
2-21 (2) when service of summons is waived by written
2-22 stipulation signed by the child in accordance with Section 53.06 of
2-23 this Chapter; or
2-24 (3) when the child is taken into custody with or
2-25 without service of summons, either before or after the filing of a
3-1 petition, whichever occurs first; and thereafter the court may
3-2 control the child and the case in accordance with this Title.
3-3 (d) <The court may authorize payment from the general funds
3-4 of the county of the costs of service and of necessary travel
3-5 expenses incurred by persons summoned or otherwise required to
3-6 appear at the hearing.> No fees may be charged to the prosecution
3-7 attorney for the issuance or service of any process, summons,
3-8 subpoena, or other papers issued in a proceeding under this title.
3-9 SECTION 3. This Act takes effect on September 1, 1993.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.