By: Ellis S.B. No. 1718
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
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 its own motion, refer a case to the system. Referral
1-11 under this section does not prejudice the case.
1-12 SECTION 2. Section 152.004, Civil Practice and Remedies
1-13 Code, is amended by amending Subsection (a) and adding Subsection
1-14 (d) 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 probate matters, but not including:
1-21 (1) a suit for delinquent taxes;
1-22 (2) a condemnation proceeding;
2-1 (3) a proceeding under Subtitle C, Title 7, Health and
2-2 Safety Code.
2-3 (d) To establish and maintain an alternative dispute
2-4 resolution system, the commissioners court of a county with a
2-5 population of 2,500,000 or more may, in addition to the court cost
2-6 authorized under Subsection (a) for those civil cases described
2-7 under that subsection filed in the county or district courts in the
2-8 county, set a court cost in an amount not to exceed $3 for civil
2-9 cases filed in a justice of the peace court located in the county,
2-10 but not including:
2-11 (1) a suit for delinquent taxes; and
2-12 (2) an eviction proceeding, including a forcible
2-13 detainer, forcible entry and detainer, and a writ of re-entry.
2-14 The clerks of the courts shall collect and pay the court cost
2-15 in the manner prescribed by this section.
2-16 SECTION 3. This Act takes effect September 1, 1999, and
2-17 applies only to an action commenced on or after that date. An
2-18 action commenced before the effective date of this Act is governed
2-19 by the law applicable to the action immediately before the
2-20 effective date of this Act, and that law is continued in effect for
2-21 that purpose.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.