1-1 By: Ellis S.B. No. 1718
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 23, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 April 23, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1718 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to alternative dispute resolution systems established by
1-11 counties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 152.003, Civil Practice and Remedies
1-14 Code, is amended to read as follows:
1-15 Sec. 152.003. REFERRAL OF CASES. A judge of a district
1-16 court, county court, statutory county court, probate court, or
1-17 justice of the peace court in a county in which an alternative
1-18 dispute resolution system has been established may, on motion of a
1-19 party or on the judge's or justice's own motion, refer a case to
1-20 the system. Referral under this section does not prejudice the
1-21 case.
1-22 SECTION 2. Subsection (a), Section 152.004, Civil Practice
1-23 and Remedies Code, is amended to read as follows:
1-24 (a) To establish and maintain an alternative dispute
1-25 resolution system, the commissioners court may set a court cost in
1-26 an amount not to exceed $10 to be taxed, collected, and paid as
1-27 other court costs in each civil case[, except suits for delinquent
1-28 taxes,] filed in a county or district court in the county,
1-29 including a civil case relating to probate matters but not
1-30 including:
1-31 (1) a suit for delinquent taxes;
1-32 (2) a condemnation proceeding under Chapter 21,
1-33 Property Code; or
1-34 (3) a proceeding under Subtitle C, Title 7, Health and
1-35 Safety Code.
1-36 SECTION 3. Chapter 152, Civil Practice and Remedies Code, is
1-37 amended by adding Section 152.005 to read as follows:
1-38 Sec. 152.005. ADDITIONAL FEE FOR CERTAIN COUNTIES. (a) To
1-39 establish and maintain an alternative dispute resolution system,
1-40 the commissioners court of a county with a population of 2.5
1-41 million or more may, in addition to the court cost authorized under
1-42 Section 152.004, set a court cost in an amount not to exceed $3 for
1-43 civil cases filed in a justice court located in the county, but not
1-44 including:
1-45 (1) a suit for delinquent taxes; or
1-46 (2) an eviction proceeding, including a forcible
1-47 detainer, a forcible entry and detainer, or a writ of re-entry.
1-48 (b) A clerk of the court shall collect and pay the court
1-49 cost in the manner prescribed by Section 152.004(c).
1-50 SECTION 4. This Act takes effect September 1, 1999, and
1-51 applies only to an action commenced on or after that date. An
1-52 action commenced before the effective date of this Act is governed
1-53 by the law applicable to the action immediately before the
1-54 effective date of this Act, and that law is continued in effect for
1-55 that purpose.
1-56 SECTION 5. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *