HBA-LJP C.S.H.B. 1453 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1453
By: Menendez
Juvenile Justice & Family Issues
4/19/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, in a suit affecting the parent-child relationship, a
citation is authorized to be served by publication as in other civil cases
to persons entitled to service of citation who cannot otherwise be
notified. C.S.H.B. 1453 provides for substituted service of citation by
publication,  including posting the citation by publication at the
courthouse door, and a required statement of the evidence of service. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1453 amends the Family Code to provide that any suit in which
service of citation is by publication, a statement of the evidence of
service, approved and signed by the court, must be filed with the papers of
the suit as a part of the record. 

In a suit relating to a governmental entity protecting the health and
safety of a child, the bill authorizes a court to order substituted service
of citation by publication if the court finds and states in its order that
the method of substituted service gives the respondent the same actual
notice of the suit as the citation by publication.  If the court orders the
posting of citation at the courthouse door for a specified time, the
service must be completed on, and the answer date is computed from, the
expiration date of the posting period.  With any other method of
substituted service of citation by publication, the bill requires that the
service be completed as directed by the court. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1453 modifies the original to remove provisions relating to the
requirements and restrictions of a citation by publication in a suit
affecting the parent-child relationship.  The substitute sets forth
provisions relating to substituted service of citation by publication,
including posting the citation by publication at the courthouse door, and
the required statement of the evidence of the service.