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.