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.