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.