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.