C.S.H.B. 518 78(R)    BILL ANALYSIS


C.S.H.B. 518
By: Menendez
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Generally, in civil cases, courts may order citation by publication, by
posting a notice at the courthouse door, provided that  the court finds
that this method would give the defendant actual notice of the proceeding.
However, under the current version of Section 102.010 of the Family Code,
courts invariably disagree as to whether they may order substituted
service of citation by publication, which includes publication by posting
at a courthouse door. 

Moreover, in proceedings filed by the Texas Department of Protective and
Regulatory Services, substituted service by posting is desirable.
Additionally, when a court determines such service is as likely as
publication to give actual notice of the proceeding, the cost to the state
in cases filed for the protection of children is greatly reduced. 

C.S.H.B.518 would specifically allow, at the court's discretion, citation
by publication by posting at the courthouse door in suits filed by the
Texas Department of Protective and Regulatory Services that affect
children.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 102.010 of the Family Code to specifically
provide that in any suit in which service 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. Additionally,
in a suit filed under Chapter 262, the court may order substituted service
of citation by publication, including publication by posting the citation
at the courthouse door for a specified time, if the court finds and states
in its order that the method of substituted service is as likely as
citation by publication in a newspaper. 

SECTION 2.  This Act takes effect September 1, 2003, and applies only to a
suit affecting the parent-child relationship filed on or after that date.  

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.518 modifies the original H.B.518 by adding the words, "in a
newspaper" after the word "publication" on line 16. Additionally, on lines
16 and 17, the words "Subsection (c)" have been changed to "Subsection
(b)", making no material change.