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BILL ANALYSIS

 

 

                                                                                                                                             H.B. 282

                                                                                                                                             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, such as offering mediation of disputes prior to a court filing.  Alternative dispute resolution systems have helped reduce court backlogs and saved money for communities.  However, expenses for alternative dispute resolution systems, such as personnel and office space, have increased since the statute was enacted. Further, only counties with a population of 2.5 million or more may hear cases in justice courts.

 

H.B. 282 allows any county commissioners court to establish an alternative dispute resolution system in county, district, and justice courts 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

 

HB 282 amends Section 152.004(a), Civil Practice and Remedies Code, by striking "$10" and inserting "$15" in setting the maximum amount charged as a court cost in the funding of alternative dispute resolution systems. Further, HB 282 amends Section 152.005, Civil Practice and Remedies Code, by striking "CERTAIN COUNTIES" and inserting "JUSTICE COURTS" in the heading. In addition, HB 282 amends Section 152.005(a), Civil Practice and Remedies Code, by striking "of a county with a population of 2.5 million or more". HB 282 further amends Section 152.005(a), Civil Practice and Remedies Code, by increasing the maximum amount to be set as court cost for civil cases filed in a justice court located in the county by striking "$3" and inserting "$5".

 

EFFECTIVE DATE

 

September 1, 2005