H.B. No. 282




AN ACT

relating to the funding of alternative dispute resolution systems.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 152.004(a), 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.  Chapter 152, Civil Practice and Remedies Code, 
is amended by adding Section 152.006 to read as follows:
	Sec. 152.006.  FEE FOR ALTERNATIVE DISPUTE RESOLUTION 
CENTERS.  An entity described by Section 152.002(b)(1) that 
provides services for the resolution of disputes in a county with a 
population of 250,000 or more but less than 290,000 may collect a 
reasonable fee in any amount set by the commissioners court from a 
person who receives the services.  This section may not be construed 
to affect the collection of a fee by any other entity described by 
Section 152.002(b)(1).
	SECTION 4.  (a)  Sections 1 and 2 of this Act apply only to a 
civil case filed on or after the effective date of this Act.
	(b)  Section 3 of this Act applies only to alternative 
dispute resolution services provided on or after the effective date 
of this Act.  Any alternative dispute resolution services provided 
before the effective date of this Act are governed by the law in 
effect immediately before that date, and that law is continued in 
effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 282 was passed by the House on March 
22, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 282 on May 17, 2005, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 282 was passed by the Senate, with 
amendments, on May 13, 2005, by the following vote:  Yeas 30, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor