75R11222 DAK-D
By Howard H.B. No. 1962
Substitute the following for H.B. No. 1962:
By Nixon C.S.H.B. No. 1962
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alternative dispute resolution systems established by
1-3 counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 152.003, Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 Sec. 152.003. REFERRAL OF CASES. A judge of a district
1-8 court, county court, statutory county court, probate court, or
1-9 justice of the peace court in a county in which an alternative
1-10 dispute resolution system has been established may, on motion of a
1-11 party or on its own motion, refer a case to the system. Referral
1-12 under this section does not prejudice the case.
1-13 SECTION 2. Section 152.004, Civil Practice and Remedies
1-14 Code, is amended by amending Subsection (a) and adding Subsection
1-15 (d) to read as follows:
1-16 (a) To establish and maintain an alternative dispute
1-17 resolution system, the commissioners court may set a court cost in
1-18 an amount not to exceed $10 to be taxed, collected, and paid as
1-19 other court costs in each civil case[, except suits for delinquent
1-20 taxes,] filed in a county or district court in the county,
1-21 including probate matters, but not including:
1-22 (1) a suit for delinquent taxes;
1-23 (2) a traffic matter;
1-24 (3) a condemnation proceeding;
2-1 (4) an eviction proceeding, including a forcible
2-2 detainer, forcible entry and detainer, and a writ of re-entry; and
2-3 (5) a proceeding under Subtitle C, Title 7, Health and
2-4 Safety Code.
2-5 (d) To establish and maintain an alternative dispute
2-6 resolution system, the commissioners court of a county with a
2-7 population of 2,500,000 or more or a county adjacent to a county
2-8 with a population of 2,500,000 or more may, in addition to the
2-9 court cost authorized under Subsection (a) for those civil cases
2-10 described under that subsection filed in the county or district
2-11 courts in the county, set a court cost in the same amount and for
2-12 the same cases for civil cases filed in a justice of the peace
2-13 court located in the county. The clerks of the courts shall
2-14 collect and pay the court cost in the manner prescribed by this
2-15 section.
2-16 SECTION 3. This Act takes effect September 1, 1997, and
2-17 applies only to an action commenced on or after that date. An
2-18 action commenced before the effective date of this Act is governed
2-19 by the law applicable to the action immediately before the
2-20 effective date of this Act, and that law is continued in effect for
2-21 that purpose.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.