ZEM C.S.H.B. 1962 75(R)BILL ANALYSIS


CIVIL PRACTICES
C.S.H.B. 1962
By: Howard
4-14-97
Committee Report (Substituted)



BACKGROUND 

Alternative dispute resolution centers (DRCs) in Texas, as defined under
Section 152 of the Civil Practice and Remedies Code, are financed through
fees on civil cases collected from county or district courts.  However, in
some counties, a majority of the cases handled by DRC's are brought on
behalf of Justice of the Peace (JP) courts from which fee collection is
not allowed. 

PURPOSE

As substituted, C.S.H.B. 1962 gives the commissioners court the option of
collecting fees from the JP courts for the purpose of financing the DRC in
counties with or adjacent to populations of 2.5 million or more. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 152.003, Civil Practice and Remedies Code, to
allow a court, on its own motion, to refer a case to an alternative
dispute resolution center. 

SECTION 2.  Amends Section 152.004, Civil Practice and Remedies Code, by
amending Subsection (a) to allow the commissioners court to collect a fee
from the county or district courts to fund the DRC from suits including
probate matters, but excluding: delinquent taxes, traffic matters,
condemnation proceedings, eviction proceedings, and mental health
proceedings, and adding Subsection (d) to allow commissioners courts in
counties with or adjacent to counties with a population of 2.5 million or
more set a court cost for cases filed in JP courts. 

SECTION 3. Effective date: September 1, 1997. Applies prospectively;
savings clause. 

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute adds eviction proceedings to the list of excluded
matters for which the commissioners court cannot assess a cost for a
dispute resolution system and provides that this cost can only be assessed
from Justice of the Peace courts in counties with or counties adjacent to
a population of 2.5 million or more.