SRC-JEC H.B. 1364 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1364
77R4576 SGA-FBy: Goodman (Harris)
Jurisprudence
4/24/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the commissioners court of a county may assess limited court
costs to help fund alternative dispute resolution systems, such as offering
mediation of disputes prior to court filing.  Alternative dispute
resolution systems have helped reduce court backlogs and save money for
communities. However, expenses for alternative dispute resolution systems,
such as personnel and office space, have increased.  H.B. 1364 increases
the amounts that a county may assess as court fees. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 152.004(a), Civil Practice and Remedies Code, to
increase from $10 to $15 the limit of the court cost a commissioners court
is authorized to set for the purpose of establishing and maintaining an
alternative dispute resolution system. 

SECTION 2.  Amends Section 152.005, Civil Practice and Remedies Code, as
follows: 

Sec. 152.005.  New heading: ADDITIONAL FEE FOR JUSTICE COURTS.  Deletes
text establishing a population requirement for a county to establish and
maintain an alternative dispute resolution system.  Authorizes the
commissioners court, for the purpose of establishing and maintaining an
alternative dispute resolution system, to charge an additional court cost
not to exceed $5, rather than $3, for civil cases filed in a justice court
located in the county, with exceptions. 

SECTION 3.   Effective date: September 1, 2001.
  Makes application of this Act prospective.