SRC-JLB H.B. 518 78(R)BILL ANALYSIS


Senate Research CenterH.B. 518
By: Menendez (Whitmire)
Jurisprudence
5/20/2003
Committee Report (Amended)


DIGEST 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 have disagreed as to whether a court may order substituted service
of citation by publication, which includes publication by posting at a
courthouse door.  H.B. 518 allows, 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 102.010, Family Code, by adding Subsections (d)
and (e), as follows: 
 
(d)  Requires a statement of the evidence of service, approved and signed
by the court, in any suit in which service of citation is by publication,
to be filed with the papers of the suit as a part of the record. 
 
(e)  Authorizes the court, in a suit filed under Chapter 161 or 262 in
which the first or last name of the respondent is unknown, to 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 in the manner
described by Subsection (b) to give the respondent actual notice of the
suit.  Requires service to be completed on, and the answer date computed
from, the expiration date of the posting period, if the court orders that
citation by publication shall be completed by posting the citation at the
courthouse door for a specified time.  Requires service, if the court
orders another method of substituted service of citation by publication,
to be completed as directed by the court. 
 
SECTION 2.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.

LIST OF COMMITTEE AMENDMENTS

Committee Amendment No.  1:

On page 1, line 12, strike "first or".