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.