By:  Wentworth                                                    S.B. No. 168
	(In the Senate - Filed January 10, 2005; February 1, 2005, 
read first time and referred to Committee on Jurisprudence; 
February 28, 2005, reported favorably by the following vote:  
Yeas 5, Nays 1; February 28, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the funding of alternative dispute resolution systems.          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 152.004, Civil Practice 
and Remedies Code, is amended to read as follows:
	(a)  To establish and maintain an alternative dispute 
resolution system, the commissioners court may set a court cost in 
an amount not to exceed $15 [$10] to be taxed, collected, and paid 
as other court costs in each civil case filed in a county or 
district court in the county, including a civil case relating to 
probate matters but not including:
		(1)  a suit for delinquent taxes;                                             
		(2)  a condemnation proceeding under Chapter 21, 
Property Code; or          
		(3)  a proceeding under Subtitle C, Title 7, Health and 
Safety Code.        
	SECTION 2.  Section 152.005, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 152.005.  ADDITIONAL FEE FOR JUSTICE COURTS [CERTAIN 
COUNTIES].  (a)  To establish and maintain an alternative dispute 
resolution system, the commissioners court [of a county with a 
population of 2.5 million or more] may, in addition to the court 
cost authorized under Section 152.004, set a court cost in an amount 
not to exceed $5 [$3] for civil cases filed in a justice court 
located in the county, but not including:
		(1)  a suit for delinquent taxes; or                                          
		(2)  an eviction proceeding, including a forcible 
detainer, a forcible entry and detainer, or a writ of re-entry.
	(b)  A clerk of the court shall collect and pay the court cost 
in the manner prescribed by Section 152.004(c).
	SECTION 3.  This Act applies only to a civil case filed on or 
after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.                           



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