By Howard                                       H.B. No. 1962

      75R4843 DAK-D                           

                                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(a), Civil Practice and Remedies

1-14     Code, is amended to read as follows:

1-15           (a)  To establish and maintain an alternative dispute

1-16     resolution system, the commissioners court may set a court cost in

1-17     an amount not to exceed $10 to be taxed, collected, and paid as

1-18     other court costs in each civil case[, except suits for delinquent

1-19     taxes,] filed in a justice of the peace, county, or  district court

1-20     in the county, including probate matters, but not including:

1-21                 (1)  a suit for delinquent taxes;

1-22                 (2)  a traffic matter;

1-23                 (3)  a condemnation proceeding; and

1-24                 (4)  a proceeding under Subtitle C, Title 7, Health and

 2-1     Safety Code.

 2-2           SECTION 3.  This Act takes effect September 1, 1997, and

 2-3     applies only to an action commenced on or after that date.  An

 2-4     action commenced before the effective date of this Act is governed

 2-5     by the law applicable to the action immediately before the

 2-6     effective date of this Act, and that law is continued in effect for

 2-7     that purpose.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.