BILL ANALYSIS



C.S.S.B. 188
By: Nelson (Brady)
05-19-95
Committee Report (Substituted)


BACKGROUND

Children are not authorized to waive service of summons and are
required to be served personally.  Current law also provides that
a juvenile making an appearance in the action is not sufficient to
obviate the need for service.  This law authorizes fees to be
charged to a county for service of summons on a juvenile and the
juvenile's parents which may cause delays in service and the case.

PURPOSE

As proposed, C.S.S.B. 188 sets forth provisions for a party,
including the child, to waive service of summons in a juvenile
court proceeding.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 53.06(e), Family Code, to authorizes any
party, including the child, to waive service of summons.  Requires
a written stipulation to be signed by the child and a parent,
guardian, or custodian of the child.  Provides that the personal
appearance of a person, including the child, at a hearing, other
than a detention hearing, before the court or a referee constitutes
both a waiver of service and submission to court jurisdiction.

SECTION 2.  Amends Sections 53.07(c) and (d), Family Code, as
follows:

     (c)  Specifies when jurisdiction attaches to the child and the
case.

     (d)  Authorizes a court to allow payment from the general
funds of the county for  necessary travel expenses incurred by
persons summoned or otherwise required to appear  at the hearing. 
Prohibits a fee from being charged to the prosecuting attorney for
the  issuance or service of a process, summons, subpoena, or other
paper under this title.       Requires the issuance or service to
be treated as in a criminal proceeding for purposes of      assessing costs or fees for issuance or service of process or a
summons.

SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 188 specifies in Family Code Section 53.06(e) (SECTION 1),
that the personal appearance of a person at a hearing, other than
a detention hearing, constitutes waiver of service and submission
to court jurisdiction.  The substitute bill clarifies that Family
Code Section 53.07(c)(3) (SECTION 2) applies to a child taken into
custody under Section 53.06(d).  

SUMMARY OF COMMITTEE ACTION

S.B. 188 was considered in a public hearing on May 10, 1995, and
was left pending in committee. 

In a formal meeting on May 19, 1995, the committee considered a
complete substitute for the bill which was adopted without
objection.  S.B. 188 was reported favorably as substituted with the
recommendation that it do pass and be printed by a record vote of
5 ayes, 0 nays, 0 pnv, 4 absent.