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.