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.