H.B. No. 518
AN ACT
relating to the service of citation by publication in a suit
affecting the parent-child relationship and to the eligibility of
certain child-support obligors for state grants, loans, or
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.010, Family Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) In 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.
(e) In a suit filed under Chapter 161 or 262 in which the
last name of the respondent is unknown, 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 in the manner described by Subsection
(b) to give the respondent actual notice of the suit. If the court
orders that citation by publication shall be completed by posting
the citation at the courthouse door for a specified time, service
must be completed on, and the answer date is computed from, the
expiration date of the posting period. If the court orders another
method of substituted service of citation by publication, service
shall be completed as directed by the court.
SECTION 2. Section 231.006(b), Family Code, is amended to
read as follows:
(b) A child support obligor or business entity ineligible to
receive payments under Subsection (a) remains ineligible until:
(1) all arrearages have been paid; [or]
(2) the obligor is in compliance with a written
repayment agreement or court order as to any existing deliquency;
or
(3) the court of continuing jurisdiction over the
child support order has granted the obligor an exemption from
Subsection (a) as part of a court-supervised effort to improve
earnings and child support payments.
SECTION 3. This Act takes effect September 1, 2003, and
applies only to a suit affecting the parent-child relationship
filed on or after that date. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date that the suit was filed,
and the former law is continued in effect for that purpose.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 518 was passed by the House on April
24, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 518 on May 31, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 518 was passed by the Senate, with
amendments, on May 28, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor