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                                  * * * * *