1-1 By: Nelson S.B. No. 188
1-2 (In the Senate - Filed January 11, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 7, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 7, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 188 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the service of summons and waiver of service in a
1-11 juvenile court proceeding.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (e), Section 53.06, Family Code, is
1-14 amended to read as follows:
1-15 (e) Any <A> party, including <other than> the child, may
1-16 waive service of summons by written stipulation or by voluntary
1-17 appearance at the hearing. Notwithstanding Section 51.09(a) of
1-18 this code, a written stipulation waiving service is sufficient if
1-19 the waiver is signed by the child and a parent, the guardian, or a
1-20 custodian of the child. The personal appearance of a person,
1-21 including the child, at a hearing before the court or a referee
1-22 constitutes both a waiver of service of summons and submission to
1-23 the jurisdiction of the court.
1-24 SECTION 2. Subsections (c) and (d), Section 53.07, Family
1-25 Code, are amended to read as follows:
1-26 (c) Service of the summons may be made by any suitable
1-27 person under the direction of the court. Jurisdiction attaches to
1-28 the child and the case when:
1-29 (1) the summons is served on the child;
1-30 (2) service of the summons is waived by written
1-31 stipulation signed by the child as provided by Section 53.06(e) of
1-32 this code; or
1-33 (3) the child is taken into custody, regardless of
1-34 whether a summons has been served on the child.
1-35 (d) The court may authorize payment from the general funds
1-36 of the county for <of the costs of service and of> necessary travel
1-37 expenses incurred by persons summoned or otherwise required to
1-38 appear at the hearing. A fee may not be charged to the prosecuting
1-39 attorney for the issuance or service of process or a summons,
1-40 subpoena, or other paper in a proceeding under this title. For the
1-41 purposes of assessing costs or fees for issuance or service of
1-42 process or a summons, subpoena, or other paper in a proceeding
1-43 under this title, the issuance or service shall be treated as in a
1-44 criminal proceeding.
1-45 SECTION 3. This Act takes effect September 1, 1995.
1-46 SECTION 4. (a) The change in law made by this Act applies
1-47 only to a proceeding in a juvenile court for conduct that occurs on
1-48 or after the effective date of this Act. Conduct violating a penal
1-49 law of the state occurs on or after the effective date of this Act
1-50 if every element of the violation occurs on or after that date.
1-51 (b) A juvenile court proceeding for conduct that occurs
1-52 before the effective date of this Act is covered by the law in
1-53 effect at the time the conduct occurred, and the former law is
1-54 continued in effect for that purpose.
1-55 SECTION 5. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended.
1-60 * * * * *