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.