By:  Nelson                                            S.B. No. 188
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the service of summons and waiver of service in a
    1-2  juvenile court proceeding.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (e), Section 53.06, Family Code, is
    1-5  amended to read as follows:
    1-6        (e)  Any <A> party, including <other than> the child, may
    1-7  waive service of summons by written stipulation or by voluntary
    1-8  appearance at the hearing.  Notwithstanding Section 51.09(a) of
    1-9  this code, a written stipulation waiving service is sufficient if
   1-10  the waiver is signed by the child and a parent, the guardian, or a
   1-11  custodian of the child.  The personal appearance of a person,
   1-12  including the child, at a hearing before the court or a referee
   1-13  constitutes both a waiver of service of summons and submission to
   1-14  the jurisdiction of the court.
   1-15        SECTION 2.  Subsections (c) and (d), Section 53.07, Family
   1-16  Code, are amended to read as follows:
   1-17        (c)  Service of the summons may be made by any suitable
   1-18  person under the direction of the court.  Jurisdiction attaches to
   1-19  the child and the case when:
   1-20              (1)  the summons is served on the child;
   1-21              (2)  service of the summons is waived by written
   1-22  stipulation signed by the child as provided by Section 53.06(e) of
   1-23  this code; or
   1-24              (3)  the child is taken into custody, regardless of
    2-1  whether a summons has been served on the child.
    2-2        (d)  The court may authorize payment from the general funds
    2-3  of the county for <of the costs of service and of> necessary travel
    2-4  expenses incurred by persons summoned or otherwise required to
    2-5  appear at the hearing.  A fee may not be charged to the prosecuting
    2-6  attorney for the issuance or service of process or a summons,
    2-7  subpoena, or other paper in a proceeding under this title.  For the
    2-8  purposes of assessing costs or fees for issuance or service of
    2-9  process or a summons, subpoena, or other paper in a proceeding
   2-10  under this title, the issuance or service shall be treated as in a
   2-11  criminal proceeding.
   2-12        SECTION 3.  This Act takes effect September 1, 1995.
   2-13        SECTION 4.  (a)  The change in law made by this Act applies
   2-14  only to a proceeding in a juvenile court for conduct that occurs on
   2-15  or after the effective date of this Act.  Conduct violating a penal
   2-16  law of the state occurs on or after the effective date of this Act
   2-17  if every element of the violation occurs on or after that date.
   2-18        (b)  A juvenile court proceeding for conduct that occurs
   2-19  before the effective date of this Act is covered by the law in
   2-20  effect at the time the conduct occurred, and the former law is
   2-21  continued in effect for that purpose.
   2-22        SECTION 5.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.