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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1310

                                                                                                                           By: Ritter (Williams)

                                                                                                                                      Jurisprudence

                                                                                                                                            5/13/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Alternative dispute resolution centers are available in most of the major population centers in Texas. The dispute resolution centers vary in administrative structure, but generally rely on cooperative efforts between the commissioners court, citizen advisory boards, and the local bar association. Currently, there are 17 dispute resolution centers operating throughout the state. Alternative dispute resolution centers are funded by a court fee not to exceed $10 that is paid in every civil case filed in the county where the center operates. This fee was established in 1987 and has not been increased since its inception.

 

H.B. 1310 allows a county with a population of more than 250,000 and less than 290,000 which operates a division of county government dispute resolution center to charge and collect a user fee that is set by the county commissioners court.

 

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 Chapter 152, Civil Practice and Remedies Code, by adding Section 152.006, as follows:

 

Sec. 152.006.  FEE FOR ALTERNATIVE DISPUTE RESOLUTION CENTERS.  Authorizes an entity described by section 152.002(b)(1) (Establishment) that provides services for the resolution of disputes in a county with a population of 250,000 or more but less than 290,000 to collect a reasonable fee in any amount set by the commissioners court from a person who receives the services.  Provides that nothing in this section is required to be construed to affect the collection of a fee by any other entity described by Section 152.002(b)(1).

 

SECTION 2.  Makes application of this Act prospective. 

 

SECTION 3.  Effective date: September 1, 2005.