FAMILY CODE
CHAPTER 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS

(12)  Section 21.11(a)(1), Penal Code (indecency with a child);
(13)  Section 15.031, Penal Code (criminal solicitation of a minor);
(14)  Section 15.01, Penal Code (criminal attempt), if the offense attempted was an offense
under Section 19.02, Penal Code (murder), or Section 19.03, Penal Code (capital murder),
or an offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
(15)  Section 28.02, Penal Code (arson), if bodily injury or death is suffered by any person
by reason of the commission of the conduct;
(16)  Section 49.08, Penal Code (intoxication manslaughter); or
(17)  Section 15.02, Penal Code (criminal conspiracy), if the offense made the subject of the
criminal conspiracy includes a violation of any of the provisions referenced in
Subdivisions (1) through (16).
(b)  A grand jury may approve a petition submitted to it under this section by a vote of
nine members of the grand jury in the same manner that the grand jury votes on the
presentment of an indictment.
(c)  The grand jury has all the powers to investigate the facts and circumstances relating
to a petition submitted under this section as it has to investigate other criminal activity
but may not issue an indictment unless the child is transferred to a criminal court as
provided by Section 54.02 of this code.
(d)  If the grand jury approves of the petition, the fact of approval shall be certified to the
juvenile court, and the certification shall be entered in the record of the case.  For the
purpose of the transfer of a child to the Texas Department of Criminal Justice as provided
by Section 61.084(c), Human Resources Code, a juvenile court petition approved by a
grand jury under this section is an indictment presented by the grand jury.
(e)  The prosecuting attorney may not refer a petition that alleges the child engaged in
conduct that violated Section 22.011(a)(2), Penal Code, or Sections 22.021(a)(1)(B) and
(2)(B), Penal Code, unless the child is more than three years older than the victim of the
conduct.
Added by Acts 1987, 70th Leg., ch. 385, Sec. 7, eff. Sept. 1, 1987.  Amended by Acts 1991,
72nd Leg., ch. 574, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 262, Sec. 26, 27, eff.
Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1086, Sec. 8, eff. Sept. 1, 1997;  Acts 2001, 77th Leg.,
ch. 1297, Sec. 19, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 10, eff. September 1, 2007.
Sec. 53.05.  TIME SET FOR HEARING.  (a)  After the petition has been filed, the juvenile
court shall set a time for the hearing.
(b)  The time set for the hearing shall not be later than 10 working days after the day the
petition was filed if:
(1)  the child is in detention;  or
(2)  the child will be taken into custody under Section 53.06(d) of this code.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th
Leg., ch. 262, Sec. 28, eff. Jan. 1, 1996.
Sec. 53.06.  SUMMONS.  (a)  The juvenile court shall direct issuance of a summons to:
(1)  the child named in the petition;
(2)  the child's parent, guardian, or custodian;
(3)  the child's guardian ad litem;  and
(4)  any other person who appears to the court to be a proper or necessary party to the
proceeding.
(b)  The summons must require the persons served to appear before the court at the time
set to answer the allegations of the petition.  A copy of the petition must accompany the
summons.
(c)  The court may endorse on the summons an order directing the person having the
physical custody or control of the child to bring the child to the hearing.  A person who
violates an order entered under this subsection may be proceeded against under Section
53.08 or 54.07 of this code.
(d)  If it appears from an affidavit filed or from sworn testimony before the court that
immediate detention of the child is warranted under Section 53.02(b) of this code, the
court may endorse on the summons an order that a law-enforcement officer shall serve
the summons and shall immediately take the child into custody and bring him before the
court.
(e)  A party, other than the child, may waive service of summons by written stipulation or
by voluntary appearance at the hearing.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th
Leg., ch. 262, Sec. 29, eff. Jan. 1, 1996.
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.
Sec. 53.08.  WRIT OF ATTACHMENT.  (a)  The juvenile court may issue a writ of
attachment for a person who violates an order entered under Section 53.06(c).
(b)  A writ of attachment issued under this section is executed in the same manner as in a
criminal proceeding as provided by Chapter 24, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 30, eff. Jan. 1, 1996.
The Houston, Texas, Juvenile Defense Law Firm of Attorney Andy Nolen,  represents Juveniles  who have been accused of a state crime in Texas, including in
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