HBA-NRS H.B. 1364 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1364 By: Goodman Civil Practices 3/16/2001 Introduced BACKGROUND AND PURPOSE Currently, the commissioners court of a county assesses a court cost not to exceed $10 collected on each civil case filed in a district or county court and, in a county with a population of 2.5 million or more, a court cost not to exceed $3 for civil cases filed in a justice court to establish and maintain alternative dispute resolution systems. County-funded alternative dispute resolution systems have generally taken the form of mediation of lawsuits and of citizen disputes conducted before filing in a court. Alternative dispute resolution systems have served to reduce the backlog of lawsuits clogging our court system in previous years, and have saved communities money in trial and other court costs through early settlement of civil cases. Costs for alternative dispute resolution systems such as personnel, office space, utilities, and general operating expenses have steadily increased statewide, while court filing fees designated to fund such systems have remained at a maximum of $10 or $3, respectively. House Bill 1364 raises the maximum court cost authorized to be collected. 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. ANALYSIS House Bill 1364 amends the Civil Practice and Remedies Code to increase court costs from an amount not to exceed $10 to an amount not to exceed $15 to be taxed, collected, and paid in each civil case filed in a county or district court in the county to establish and maintain an alternative dispute resolution system. The bill also increases court costs from an amount not to exceed $3 to an amount not to exceed $5 for civil cases filed in a justice court located in any county to establish and maintain an alternative dispute resolution system. The bill removes the provision that authorizes the commissioners court of a county to set the latter court cost only if the county has a population of 2.5 million or more. EFFECTIVE DATE September 1, 2001.