By Hilbert H.B. No. 3614
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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:
2-1 (1) a suit for delinquent taxes;
2-2 (2) a condemnation proceeding; or
2-3 (3) 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 may, in addition to the court cost
2-8 authorized under Subsection (a) for those civil cases described
2-9 under that subsection filed in the county or district courts in the
2-10 county, set a court cost in an amount not to exceed $3 for civil
2-11 cases filed in a justice of the peace court located in the county,
2-12 but not including (1) a suit for delinquent taxes or (2) an
2-13 eviction proceeding, including a forcible detainer, forcible entry
2-14 and detainer, and a writ of re-entry. The clerks of the courts
2-15 shall collect and pay the court cost in the manner prescribed by
2-16 this section.
2-17 SECTION 3. This Act takes effect September 1, 1999, and
2-18 applies only to an action commenced on or after that date. An
2-19 action commenced before the effective date of this Act is governed
2-20 by the law applicable to the action immediately before the
2-21 effective date of this Act, and that law is continued in effect for
2-22 that purpose.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.