By Nelson                                              S.B. No. 188
          Substitute the following for S.B. No. 188:
          By Goodman                                         C.S.S.B. No. 188
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the service of summons and waiver of service in a
    1-3  juvenile court proceeding.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (e), Section 53.06, Family Code, is
    1-6  amended to read as follows:
    1-7        (e)  Any <A> party, including <other than> the child, may
    1-8  waive service of summons by written stipulation or by voluntary
    1-9  appearance at the hearing.  Notwithstanding Section 51.09(a) of
   1-10  this code, a written stipulation waiving service is sufficient if
   1-11  the waiver is signed by the child and a parent, the guardian, or a
   1-12  custodian of the child.  The personal appearance of a person,
   1-13  including the child, at a hearing, other than a detention hearing,
   1-14  before the court or a referee constitutes both a waiver of service
   1-15  of summons and submission to the jurisdiction of the court.
   1-16        SECTION 2.  Subsections (c) and (d), Section 53.07, Family
   1-17  Code, are amended to read as follows:
   1-18        (c)  Service of the summons may be made by any suitable
   1-19  person under the direction of the court.  Jurisdiction attaches to
   1-20  the child and the case when:
   1-21              (1)  the summons is served on the child;
   1-22              (2)  service of the summons is waived by written
   1-23  stipulation signed by the child as provided by Section 53.06(e) of
   1-24  this code; or
    2-1              (3)  the child is taken into custody, under Section
    2-2  53.06(d), regardless of whether a summons has been served on the
    2-3  child.
    2-4        (d)  The court may authorize payment from the general funds
    2-5  of the county for <of the costs of service and of> necessary travel
    2-6  expenses incurred by persons summoned or otherwise required to
    2-7  appear at the hearing.  A fee may not be charged to the prosecuting
    2-8  attorney for the issuance or service of process or a summons,
    2-9  subpoena, or other paper in a proceeding under this title.  For the
   2-10  purposes of assessing costs or fees for issuance or service of
   2-11  process or a summons, subpoena, or other paper in a proceeding
   2-12  under this title, the issuance or service shall be treated as in a
   2-13  criminal proceeding.
   2-14        SECTION 3.  This Act takes effect September 1, 1995.
   2-15        SECTION 4.  (a)  The change in law made by this Act applies
   2-16  only to a proceeding in a juvenile court for conduct that occurs on
   2-17  or after the effective date of this Act.  Conduct violating a penal
   2-18  law of the state occurs on or after the effective date of this Act
   2-19  if every element of the violation occurs on or after that date.
   2-20        (b)  A juvenile court proceeding for conduct that occurs
   2-21  before the effective date of this Act is covered by the law in
   2-22  effect at the time the conduct occurred, and the former law is
   2-23  continued in effect for that purpose.
   2-24        SECTION 5.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.