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AN ACT
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relating to referral of disputes for alternative dispute |
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resolution, including victim-directed referrals; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 152.002, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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(b) The commissioners court may do all necessary acts to |
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make the alternative dispute resolution system effective, |
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including: |
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(1) contracting with a private nonprofit corporation, |
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a political subdivision, a public corporation, or a combination of |
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these entities for the purpose of administering the system; |
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(2) making reasonable rules relating to the system, |
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including rules specifying whether criminal cases may be referred |
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to the system; and |
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(3) vesting management of the system in a committee |
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selected by the county bar association. |
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SECTION 2. Section 152.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 152.003. REFERRAL OF CASES. (a) A judge of a district |
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court, county court, statutory county court, probate court, or |
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justice of the peace court in a county in which an alternative |
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dispute resolution system has been established may, on motion of a |
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party or on the judge's or justice's own motion, refer a civil or, if |
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the system accepts criminal cases and on the request of an attorney |
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representing the state, a criminal case to the system regardless of |
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whether the defendant in the criminal case has been formally |
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charged. Referral under this section does not prejudice the case. |
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(b) Before requesting a referral of a criminal case under |
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this section, an attorney representing the state must obtain the |
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consent of the victim and the defendant to the referral. |
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(c) A criminal case may not be referred to the system if the |
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defendant is charged with or convicted of an offense listed in |
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Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or |
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convicted of an offense, the judgment for which contains an |
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affirmative finding under Section 3g(a)(2), Article 42.12, Code of |
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Criminal Procedure. |
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SECTION 3. Section 152.006, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 152.006. FEE FOR ALTERNATIVE DISPUTE RESOLUTION |
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CENTERS. An entity described by Section 152.002(a) or (b)(1) |
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[152.002(b)(1)] that provides services for the resolution of |
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disputes [in a county that borders the Gulf of Mexico with a
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population of 250,000 or more but less than 300,000] may collect a |
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reasonable fee [in any amount] set by the commissioners court [from
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a person who receives the services.
This section may not be
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construed to affect the collection of a fee by any other entity
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described by Section 152.002(b)(1)]. |
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SECTION 4. Chapter 152, Civil Practice and Remedies Code, |
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is amended by adding Section 152.007 to read as follows: |
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Sec. 152.007. PARTICIPANT FEE FOR CRIMINAL DISPUTE |
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RESOLUTION. (a) An entity that provides services for the |
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resolution of criminal disputes under this chapter may collect a |
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reasonable fee set by the commissioners court from a person who |
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receives the services, not to exceed $350, except that a fee may not |
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be collected from an alleged victim of the crime. |
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(b) Fees collected under this section may be paid on a |
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periodic basis or on a deferred payment schedule at the discretion |
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of the judge, magistrate, or program director administering the |
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pretrial victim-offender mediation program. The fees must be based |
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on the defendant's ability to pay. |
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SECTION 5. (a) The changes in law made by this Act with |
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respect to criminal cases apply only to a criminal case in which the |
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defendant is arrested for or charged with an offense that occurs on |
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or after the effective date of this Act. A criminal case in which |
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the defendant is arrested for or charged with an offense that occurs |
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before the effective date of this Act is governed by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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(b) The changes in law made by this Act with respect to civil |
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cases apply only to a civil case referred to a county alternative |
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dispute resolution system on or after the effective date of this |
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Act. A civil case referred before the effective date of this Act is |
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governed by the law applicable to the case immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1237 passed the Senate on |
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April 11, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 22, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1237 passed the House, with |
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amendment, on May 20, 2013, by the following vote: Yeas 134, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |