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.
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