H.B. 538 78(R)    BILL ANALYSIS


H.B. 538
By: Hope
Civil Practices
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
Currently, the commissioners court of a county may assess limited court
costs to help fund alternative dispute resolution systems.  Alternative
dispute resolution systems have helped reduce court backlogs and saved
money for communities.  Expenses for alternative dispute resolution
systems, such as personnel and office space, have increased since the
statute was enacted.  Also, only counties with a population of 2.5 million
or more may set court costs for civil cases filed in a justice court to
establish and maintain an alternative dispute resolution system. 

As proposed, H.B. 538 allows any county commissioners court to establish
an alternative dispute resolution system in a county, district, or
justice court and authorizes an increase in court costs to fund such a
system. 


RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


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, to
allow a commissioner's court to establish an alternative dispute
resolution system.  The court costs assessed in justice courts for civil
cases would increase from $3 to $5 and could be assessed by justice courts
in any county to fund an alternative dispute resolution system. 

EFFECTIVE DATE
September 1, 2003.