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


Senate Research CenterC.S.S.B. 1718
76R9496 DLF-FBy: Ellis
Intergovernmental Relations
4/22/1999
Committee Report (Substituted)


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 would authorize 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 proposed, C.S.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.


 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 152.003, Civil Practice and Remedies Code, to make
nonsubstantive changes. 

SECTION 2. 

Amends Section 154.004(a), Civil Practice and Remedies Code, by making
nonsubstantive changes.  Redesignates proposed Subsection (d) as Section
152.005 in SECTION 3. 

SECTION 3.

Amends Chapter 152, Civil Practice and Remedies Code, by adding Section
152.005, regarding an additional fee for certain counties.  Redesignates
proposed SECTIONS 3 and 4 as SECTIONS 4 and 5.