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.