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.