Sec. 53.07. SERVICE OF SUMMONS. (a) If a person to be served with a summons is in this state and can be found, the summons shall be served upon him personally at least two days before the day of the adjudication hearing. If he is in this state and cannot be found, but his address is known or can with reasonable diligence be ascertained, the summons may be served on him by mailing a copy by registered or certified mail, return receipt requested, at least five days before the day of the hearing. If he is outside this state but he can be found or his address is known, or his whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy to him personally or mailing a copy to him by registered or certified mail, return receipt requested, at least five days before the day of the hearing.
(b) The juvenile court has jurisdiction of the case if after reasonable effort a person other than the child cannot be found nor his post-office address ascertained, whether he is in or outside this state.
(c) Service of the summons may be made by any suitable person under the direction of the court.
(d) The court may authorize payment from the general funds of the county of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
(e) Witnesses may be subpoenaed in accordance with the Texas Code of Criminal Procedure, 1965.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1982–2026 · leading case:
Light v. State, 15 S.W.3d 104 (Tex. Crim. App. 2000).
Light v. State, 15 S.W.3d 104 (Tex. Crim. App. 2000).
· cites it 4× “The issue, however, is whether there has been compliance with the requirement of personal service mandated by Tex. Fam. Code § 53.07, not whether appellant knew through his father that his case had been set on a particular day.”
Sauve v. State, 638 S.W.2d 608 (Tex. App.—Dallas 1982).
· cites it 8× “Both requirements as to suitability and direction to serve process are set forth in Tex.Fam.Code Ann. § 53.07(c) (Vernon 1975).”
In re D.W.L., 828 S.W.2d 520 (Tex. App. 1992).
· cites it 3× “Tex.Fam.Code Ann. § 53.07(a). Here, the trial court reset the hearing three times to allow ample time for the State to determine his parents’ addresses.”
Polanco v. State, 914 S.W.2d 269 (Tex. App.—Beaumont 1996).
· cites it 2× “Sauve argued the State failed to properly serve him pursuant to Tex.Fam.Code Ann. § 53.07(c) (Vernon 1986) providing that service be made "under the direction of the court.”
S.D.W., Matter Of, 811 S.W.2d 739 (Tex. App.—Houston [1st Dist.] 1991).
“” Tex.Fam. Code Ann. § 53.07(a) (Vernon 1986).”
In re M.D.R., 113 S.W.3d 552 (Tex. App.—Texarkana 2003).
“07 of the Texas Family Code were mandatory and (2) failure to adhere to the language set forth therein would preclude the trial court from establishing personal jurisdiction over the juvenile.”
City of Houston Fire Fighters' v. Morris, 949 S.W.2d 474 (Tex. App.—Houston [14th Dist.] 1997).
· cites it 2× “"); TEX. FAM.CODE ANN. § 53.07(a) (Vernon 1996) ("service of the summons may be made either by delivering a copy to him personally or mailing a copy to him by registered or certified mail.”
Light v. State, 993 S.W.2d 740 (Tex. App.—Austin 1999).
“” Tex. Fam.Code Ann. § 53.06(e) (West 1996) (emphasis added).”
R.X.F. v. State, 921 S.W.2d 888 (Tex. App.—Waco 1996).
“; TexFam.Code Ann. § 53.07(a). In our view, whether the juvenile received a copy of an amended petition more than two days before the start of trial is a relevant consideration in evaluating the “basically fair to the minor” requirement but is not, in and of itself, a…”
In re D.B.C., 695 S.W.2d 248 (Tex. App.—Austin 1985).
“The claimed error arises from the purportedly ambiguous language of Tex.Fam.Code Ann. § 53.07(c) (1975), concerning the service of summons upon a juvenile, which provides in pertinent part: (c) Service of the summons may be made by any suitable person under the direction of the…”
RXF v. State, 921 S.W.2d 888 (Tex. App.—Waco 1996).
“; TEX.FAM.CODE ANN. § 53.07(a). In our view, whether the juvenile received a copy of an amended petition more than two days before the start of trial is a relevant consideration in evaluating the "basically fair to the minor" requirement but is not, in and of itself, a…”
Tex. Fam. Code § 53.07(a): 8 cases
S.D.W., Matter Of, 811 S.W.2d 739 (Tex. App.—Houston [1st Dist.] 1991).
“” Tex.Fam. Code Ann. § 53.07(a) (Vernon 1986).”
In re D.W.L., 828 S.W.2d 520 (Tex. App. 1992).
“Tex.Fam.Code Ann. § 53.07(a). Here, the trial court reset the hearing three times to allow ample time for the State to determine his parents’ addresses.”
City of Houston Fire Fighters' v. Morris, 949 S.W.2d 474 (Tex. App.—Houston [14th Dist.] 1997).
“"); TEX. FAM.CODE ANN. § 53.07(a) (Vernon 1996) ("service of the summons may be made either by delivering a copy to him personally or mailing a copy to him by registered or certified mail.”
Light v. State, 993 S.W.2d 740 (Tex. App.—Austin 1999).
“” Tex. Fam.Code Ann. § 53.06(e) (West 1996) (emphasis added).”
R.X.F. v. State, 921 S.W.2d 888 (Tex. App.—Waco 1996).
“; TexFam.Code Ann. § 53.07(a). In our view, whether the juvenile received a copy of an amended petition more than two days before the start of trial is a relevant consideration in evaluating the “basically fair to the minor” requirement but is not, in and of itself, a…”
Tex. Fam. Code § 53.07(b): 1 case
In re D.W.L., 828 S.W.2d 520 (Tex. App. 1992).
“Tex.Fam.Code Ann. § 53.07(a). Here, the trial court reset the hearing three times to allow ample time for the State to determine his parents’ addresses.”
Tex. Fam. Code § 53.07(c): 3 cases
Sauve v. State, 638 S.W.2d 608 (Tex. App.—Dallas 1982).
“Both requirements as to suitability and direction to serve process are set forth in Tex.Fam.Code Ann. § 53.07(c) (Vernon 1975).”
Polanco v. State, 914 S.W.2d 269 (Tex. App.—Beaumont 1996).
“Sauve argued the State failed to properly serve him pursuant to Tex.Fam.Code Ann. § 53.07(c) (Vernon 1986) providing that service be made "under the direction of the court.”
In re D.B.C., 695 S.W.2d 248 (Tex. App.—Austin 1985).
“The claimed error arises from the purportedly ambiguous language of Tex.Fam.Code Ann. § 53.07(c) (1975), concerning the service of summons upon a juvenile, which provides in pertinent part: (c) Service of the summons may be made by any suitable person under the direction of the…”
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