HBA-ATS S.B. 1718 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1718 By: Ellis Civil Practices 5/7/1999 Engrossed BACKGROUND AND PURPOSE Alternative dispute resolution (ADR) is a voluntary means of settling conflicts through an impartial third-party. Parties use ADR to resolve disputes before costs increase and to gain control over the proceedings. Recognizing the effectiveness of arbitration or mediation to resolve some types of conflicts quickly and inexpensively, several Texas counties have established ADR systems to curb rising legals costs and increasing caseloads. Under Section 152.003 (Referral of Cases), Civil Practice and Remedies Code, a civil case is referred to ADR only on a motion by a party to a civil case, if the motion is authorized by the judge of a district court, county court, statutory county court, probate court, or justice of the peace court in which an ADR system has been established. The judge cannot refer a case on the judge's own motion. S.B. 1718 authorizes a judge of a district court, county court, probate court, or justice of the peace court in a county in which an ADR system has been established to file a motion to refer a case to ADR. Under Section 152.004 (Financing), Civil Practice and Remedies Code, the establishment and maintenance of an ADR system is financed through court costs not to exceed $10 that are taxed, collected, and paid as other court costs in each civil case, except suits for delinquent taxes, filed in a county or district court in the county. S.B. 1718 includes civil cases involving probate matters among the types of civil cases in which the commissioners court is authorized to set a court cost not to exceed $10 for the establishment and maintenance of an ADR system, but also excludes condemnation proceedings under Chapter 21 (Eminent Domain), Property Code, and proceedings under Subtitle C (Texas Mental Health Code), Title 7 (Mental Health and Mental Retardation), Health and Safety Code, from the fee requirement. In addition, this bill authorizes the commissioners court of a county with a population of 2,500,000 or more, to set an additional court cost in an amount not to exceed $3 for civil cases filed in a justice of the peace court located in the county, but not including a suit for delinquent taxes or an eviction proceeding to establish and maintain an ADR system. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 152.003, Civil Practice and Remedies Code, to include a judge of a district court, county court, probate court, or justice of the peace court in a county in which an alternative dispute resolution (ADR) system has been established among the parties authorized to file a motion to refer a case to ADR. SECTION 2. Amends Section 152.004, Civil Practice and Remedies Code, by amending Subsection (a), as follows: (a) Includes civil cases involving probate matters among the types of civil cases in which the commissioners court is authorized to set a court cost not to exceed $10 for the establishment and maintenance of an ADR system. Adds a condemnation proceeding under Chapter 21 (Eminent Domain), Property Code, and a proceeding under Subtitle C (Texas Mental Health Code), Title 7 (Mental Health and Mental Retardation), Health and Safety Code, in addition to a suit for delinquent taxes to the civil cases excluded from the $10 fee. SECTION 3. Amends Chapter 152, Civil Practice and Remedies Code, by adding Section 152.005, as follows: Sec. 152.005. ADDITIONAL FEE FOR CERTAIN COUNTIES. Authorizes the commissioners court of a county with a population of 2,500,000 or more, to set an additional court cost in an amount not to exceed $3 for civil cases filed in a justice of the peace court located in the county, but not including a suit for delinquent taxes or an eviction proceeding to establish and maintain an ADR system. Requires a clerk of the court to collect and pay the court cost in the manner prescribed by Section 152.004 (Financing). SECTION 4.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5.Emergency clause.