2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION
CHAPTER 152. ALTERNATIVE DISPUTE RESOLUTION SYSTEM ESTABLISHED BY COUNTIES  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION

CHAPTER 152. ALTERNATIVE DISPUTE RESOLUTION SYSTEM ESTABLISHED BY

COUNTIES

Sec. 152.001. DEFINITION. In this chapter, "alternative dispute

resolution system" means an informal forum in which mediation,

conciliation, or arbitration is used to resolve disputes among

individuals, including those having an ongoing relationship such

as relatives, neighbors, landlords and tenants, employees and

employers, and merchants and consumers.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.

1, 1987.

Sec. 152.002. ESTABLISHMENT. (a) The commissioners court of a

county by order may establish an alternative dispute resolution

system for the peaceable and expeditious resolution of citizen

disputes.

(b) The commissioners court may do all necessary acts to make

the alternative dispute resolution system effective, including:

(1) contracting with a private nonprofit corporation, a

political subdivision, a public corporation, or a combination of

these entities for the purpose of administering the system;

(2) making reasonable rules relating to the system; and

(3) vesting management of the system in a committee selected by

the county bar association.

(c) The actions of a committee authorized by Subsection (b)(3)

are subject to the approval of the commissioners court.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.

1, 1987.

Sec. 152.003. REFERRAL OF CASES. A judge of a district court,

county court, statutory county court, probate court, or justice

of the peace court in a county in which an alternative dispute

resolution system has been established may, on motion of a party

or on the judge's or justice's own motion, refer a case to the

system. Referral under this section does not prejudice the case.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.

1, 1987. Amended by Acts 1999, 76th Leg., ch. 509, Sec. 1, eff.

Sept. 1, 1999.

Sec. 152.004. FINANCING. (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 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.

(b) The county is not liable for the payment of a court cost

under this section.

(c) The clerks of the courts in the county shall collect and pay

the costs to the county treasurer or, if the county does not have

a treasurer, to the county officer who performs the functions of

the treasurer, who shall deposit the costs in a separate fund

known as the alternative dispute resolution system fund. The fund

shall be administered by the commissioners court and may only be

used to establish and maintain the system. The system shall be

operated at one or more convenient and accessible places in the

county.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.

1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.07(a),

eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 509, Sec. 2, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1192, Sec. 1, eff. September 1, 2005.

Sec. 152.005. ADDITIONAL FEE FOR JUSTICE COURTS. (a) To

establish and maintain an alternative dispute resolution system,

the commissioners court may, in addition to the court cost

authorized under Section 152.004, set a court cost in an amount

not to exceed $5 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).

Added by Acts 1999, 76th Leg., ch. 509, Sec. 3, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1192, Sec. 2, eff. September 1, 2005.

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).

Added by Acts 2005, 79th Leg., Ch.

1192, Sec. 3, eff. September 1, 2005.

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