SRC-PNG S.B. 1718 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1718
By: Ellis
Intergovernmental Relations
6/21/1999
Enrolled


DIGEST 

Currently, under Texas law, a fee not to exceed $10 may be imposed on each
civil case filed in a county or district court to establish and maintain an
alternative dispute resolution system, at the discretion of the local
commissioners court.  This bill authorizes the commissioners court of a
county with a population of 2.5 million or more to set an additional court
cost in an amount not to exceed $3 for civil cases filed in a justice of
the peace court located in the county to establish and maintain an
alternative dispute resolution system, except for suits for delinquent
taxes and eviction proceedings. 

PURPOSE

As enrolled, S.B. 1718 authorizes the commissioners court of a county with
a population of 2.5 million or more to set an additional court cost in an
amount not to exceed $3 for civil cases filed in a justice of the peace
court located in the county to establish and maintain an alternative
dispute resolution system, except for suits for delinquent taxes and
eviction proceedings. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 152.003, Civil Practice and Remedies Code, to
authorize a judge of a district court, county court, statutory county
court, probate court, or justice of the peace court in a county in which an
alternative dispute resolution system has been established to refer a case
on motion of a party or on the judge's or justice's own motion to the
system. 

SECTION 2. Amends Section 152.004(a), Civil Practice and Remedies Code, to
exclude suits for delinquent taxes, condemnation proceedings under Chapter
21, Property Code, and proceedings under Title 7C, Health and Safety Code,
from paying the court cost to establish and maintain an alternative dispute
resolution system.  

SECTION 3.  Amends Chapter 152, Civil Practice and Remedies Code, by adding
Section 152.005, as follows:  

Sec.  152.005.  ADDITIONAL FEE FOR CERTAIN COUNTIES. Authorizes the
commissioners court of a county with a population of 2.5 million or more to
set an additional court cost in an amount not to exceed $3 for civil cases
filed in a justice of the peace court located in the county to establish
and maintain an alternative dispute resolution system, except for suits for
delinquent taxes and eviction proceedings.  Requires the clerks of the
court to collect and pay the court cost in the manner prescribed by Section
152.004(c). 

SECTION 4. Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5. Emergency clause.