Texas Attorney General Opinion: GA-17 Page: 2 of 4
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The Honorable Jos6 Rodriguez - Page 2
child .., at the time the person engaged in the conduct." Id. 51.04(a); see id. 51.03 (defining
"delinquent conduct" and "conduct indicating a need for supervision"). Generally, a county juvenile
court has "exclusive jurisdiction" over proceedings under the Juvenile Justice Code. Id. 51.04(a).
But see id. 51.04(h) (providing juvenile court with concurrent, not exclusive, jurisdiction over
certain conduct).
Prior to an adjudication hearing, a juvenile court must summon certain persons:
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.
Id. 53.06(a). A summons must inform the named person of the petition and must order the person
to appear before the juvenile court at a particular time for the hearing. See id. 53.06(b);
In re Franks v. State, 498 S.W.2d 516, 518 (Tex. Civ. App.-Texarkana 1973, no writ) (stating that
written summons must include hearing time and place, must order certain persons to appear before
court, and must include copy of petition or petition's allegations). And a named person who is in
the state and can be found must be personally served at least two days before the adjudication
hearing. See TEX. FAM. CODE ANN. 53.07(a) (Vernon 2002). In other circumstances, the person
may be served by mail. See id. Costs of serving the summons may be paid from the county's
general funds. See id. 53.07(d).
Although county funds may be used to pay service costs, see id., you ask in essence whether,
assuming the state prevails in the juvenile action, the juvenile-court judge may order a nonprevailing
child or other nonprevailing party to reimburse the county for the costs. See Request Letter, supra
note 1, at 1. Because both the Texas Rules of Civil Procedure and the Texas Civil Practice and
Remedies Code contemplate that a nonprevailing party whose interests are adverse to the state's may
be ordered to reimburse service costs, we conclude that the judge may issue such an order when the
state prevails.
Rule 131 of the Texas Rules of Civil Procedure allocates costs against a nonprevailing party
at the conclusion of a civil proceeding: "The successful party to a suit shall recover of his adversary
all costs incurred therein, except where otherwise provided." TEX. R. CIV. P. 131. The Texas Rules
of Civil Procedure generally govern proceedings under the Juvenile Justice Code unless they
conflict with a Juvenile Justice Code provision. See TEX. FAM. CODE ANN. 51.17(a) (Vernon
2002); In re S.A.M., 933 S.W.2d 744, 745 (Tex. App.-San Antonio 1996, no writ) (stating that rules
of civil procedure govern juvenile proceeding). Rule 13 1's cost provisions do not conflict with the(GA-0017)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-17, text, January 29, 2003; (https://texashistory.unt.edu/ark:/67531/metapth274912/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.