SRC-JLB H.B. 538 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 538
78R2280 SGA-FBy: Hope, et al. (Janek)
Jurisprudence
4/24/2003
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 a 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
since the statute was enacted in the 1980s.  Only counties with a
population of 2.5 million or more may currently establish an alternative
dispute resolution system for cases in justice courts.  H.B. 538 allows
any county commissioners court to establish an alternative dispute
resolution system in county, district, and justice courts and authorizes a
nominal increase in court costs to fund such a system. 

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,
by increasing from $10 to $15 the maximum amount to be set as a court cost
in the funding of alternative dispute resolution systems. 

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

Sec. 152.005.  New Heading:  ADDITIONAL FEE FOR JUSTICE COURTS.  (a)
Deletes requirement that a county have a population of 2.5 million or more
to establish and maintain an alternative dispute resolution system.
Increases from $3 to $5 the maximum amount to be set as a court cost for
civil cases filed in a justice court located in the county, in order to
fund the alternative dispute resolution system. 

(b)  Requires a clerk of the court to collect and pay the court cost in
the manner prescribed by Section 152.004(c). 

SECTION 3.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.