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.