AN ACT
1-1 relating to alternative dispute resolution systems established by
1-2 counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 152.003, Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 Sec. 152.003. REFERRAL OF CASES. A judge of a district
1-7 court, county court, statutory county court, probate court, or
1-8 justice of the peace court in a county in which an alternative
1-9 dispute resolution system has been established may, on motion of a
1-10 party or on the judge's or justice's own motion, refer a case to
1-11 the system. Referral under this section does not prejudice the
1-12 case.
1-13 SECTION 2. Subsection (a), Section 152.004, Civil Practice
1-14 and Remedies Code, is amended to read as follows:
1-15 (a) To establish and maintain an alternative dispute
1-16 resolution system, the commissioners court may set a court cost in
1-17 an amount not to exceed $10 to be taxed, collected, and paid as
1-18 other court costs in each civil case[, except suits for delinquent
1-19 taxes,] filed in a county or district court in the county,
1-20 including a civil case relating to probate matters but not
1-21 including:
1-22 (1) a suit for delinquent taxes;
1-23 (2) a condemnation proceeding under Chapter 21,
1-24 Property Code; or
2-1 (3) a proceeding under Subtitle C, Title 7, Health and
2-2 Safety Code.
2-3 SECTION 3. Chapter 152, Civil Practice and Remedies Code, is
2-4 amended by adding Section 152.005 to read as follows:
2-5 Sec. 152.005. ADDITIONAL FEE FOR CERTAIN COUNTIES. (a) To
2-6 establish and maintain an alternative dispute resolution system,
2-7 the commissioners court of a county with a population of 2.5
2-8 million or more may, in addition to the court cost authorized under
2-9 Section 152.004, set a court cost in an amount not to exceed $3 for
2-10 civil cases filed in a justice court located in the county, but not
2-11 including:
2-12 (1) a suit for delinquent taxes; or
2-13 (2) an eviction proceeding, including a forcible
2-14 detainer, a forcible entry and detainer, or a writ of re-entry.
2-15 (b) A clerk of the court shall collect and pay the court
2-16 cost in the manner prescribed by Section 152.004(c).
2-17 SECTION 4. 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 5. 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
2-26 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1718 passed the Senate on
May 3, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1718 passed the House on
May 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor