By Nelson                                              S.B. No. 188
       74R2255 DD-F
                                 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.  Section 53.06(e), Family Code, is amended to read
    1-6  as follows:
    1-7        (e)  A party, including <other than> the child, may waive
    1-8  service of summons by written stipulation or by voluntary
    1-9  appearance at the hearing.  A written stipulation waiving service
   1-10  must be 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.  Sections 53.07(b) and (d), Family Code, are
   1-16  amended to read as follows:
   1-17        (b)  The juvenile court has jurisdiction of a <the> case
   1-18  when:
   1-19              (1)  the summons is served on the child;
   1-20              (2)  service of the summons is waived by written
   1-21  stipulation signed by the child as provided by Section 53.06(e); or
   1-22              (3)  the child is taken into custody, regardless of
   1-23  whether a summons has been served on the child <if after reasonable
   1-24  effort a person other than the child cannot be found nor his
    2-1  post-office address ascertained, whether he is in or outside this
    2-2  state>.
    2-3        (d)  A fee may not be charged to the prosecuting attorney for
    2-4  the issuance or service of a process, summons, subpoena, or other
    2-5  paper in a proceeding under this title.  <The court may authorize
    2-6  payment from the general funds of the county of the costs of
    2-7  service and of necessary travel expenses incurred by persons
    2-8  summoned or otherwise required to appear at the hearing.>
    2-9        SECTION 3.  This Act takes effect September 1, 1995.
   2-10        SECTION 4.  (a)  The change in law made by this Act applies
   2-11  only to a proceeding in a juvenile court for conduct that occurs on
   2-12  or after the effective date of this Act.  Conduct violating a penal
   2-13  law of the state occurs on or after the effective date of this Act
   2-14  if every element of the violation occurs on or after that date.
   2-15        (b)  A juvenile court proceeding for conduct that occurs
   2-16  before the effective date of this Act is covered by the law in
   2-17  effect at the time the conduct occurred, and the former law is
   2-18  continued in effect for that purpose.
   2-19        SECTION 5.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.