BILL ANALYSIS
C.S.S.B. 188
By: Nelson
Jurisprudence
3-7-95
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 grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 53.06(e), Family Code, as follows:
(e) Authorizes a party, including the child, to waive service
of summons by written stipulation or voluntary appearance at
the hearing. Requires the stipulation to be signed by the
child and a parent, guardian, or custodian of the child,
notwithstanding Section 51.09(a). Provides that the personal
appearance of a person, including the child, at a hearing
before the court or a referee constitutes both a waiver of
service and submission to the jurisdiction of the court.
SECTION 2. Amends Sections 53.07(c) and (d), Family Code, as
follows:
(c) Provides that jurisdiction attaches to the child and the
case when the summons is served on the child, the service of
the summons is waived by written stipulation, or the child is
taken into custody.
(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.