77R12865 KSD-D
By Menendez H.B. No. 1453
Substitute the following for H.B. No. 1453:
By Nixon C.S.H.B. No. 1453
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the service of citation by publication in a suit
1-3 affecting the parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 102.010, Family Code, is amended by adding
1-6 Subsections (d) and (e) to read as follows:
1-7 (d) In any suit in which service of citation is by
1-8 publication, a statement of the evidence of service, approved and
1-9 signed by the court, must be filed with the papers of the suit as a
1-10 part of the record.
1-11 (e) In a suit filed under Chapter 262, the court may order
1-12 substituted service of citation by publication, including
1-13 publication by posting the citation at the courthouse door for a
1-14 specified time, if the court finds and states in its order that the
1-15 method of substituted service is as likely as citation by
1-16 publication as described by Subsection (c) to give the respondent
1-17 actual notice of the suit. If the court orders that citation by
1-18 publication shall be completed by posting the citation at the
1-19 courthouse door for a specified time, service must be completed on,
1-20 and the answer date is computed from, the expiration date of the
1-21 posting period. If the court orders another method of substituted
1-22 service of citation by publication, service shall be completed as
1-23 directed by the court.
1-24 SECTION 2. This Act takes effect September 1, 2001, and
2-1 applies only to a suit affecting the parent-child relationship
2-2 filed on or after that date. A suit affecting the parent-child
2-3 relationship filed before the effective date of this Act is
2-4 governed by the law in effect on the date that the suit was filed,
2-5 and the former law is continued in effect for that purpose.