83R9164 AJA-F
By: Lewis H.B. No. 1512
A BILL TO BE ENTITLED
AN ACT
relating to referral of disputes for alternative dispute
resolution, including victim-directed referrals; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 152.003. REFERRAL OF CASES. (a) 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 civil or, on
the request of an attorney representing the state, a criminal case
to the system regardless of whether the defendant in the criminal
case has been formally charged. Referral under this section does
not prejudice the case.
(b) Before requesting a referral of a criminal case under
this section, an attorney representing the state must obtain the
consent of the victim to the referral.
SECTION 2. Section 152.006, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 152.006. FEE FOR ALTERNATIVE DISPUTE RESOLUTION
CENTERS. An entity described by Section 152.002(a) or (b)(1)
[152.002(b)(1)] that provides services for the resolution of
disputes [in a county that borders the Gulf of Mexico with a
population of 250,000 or more but less than 300,000] 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 3. Chapter 152, Civil Practice and Remedies Code,
is amended by adding Section 152.007 to read as follows:
Sec. 152.007. PARTICIPANT FEE FOR CRIMINAL DISPUTE
RESOLUTION. (a) An entity that provides services for the
resolution of criminal disputes under this chapter may collect a
reasonable fee set by the commissioners court from a person who
receives the services, not to exceed $350, except that a fee may not
be collected from an alleged victim of the crime.
(b) If the referring court determines that a participant in
services described by Subsection (a) has the financial resources to
enable the participant to offset in part or in whole the costs of
legal services provided to the participant under Article 26.04,
Code of Criminal Procedure, in connection with the criminal dispute
resolution, including any expenses and costs, the court may order
the participant to reimburse the county in which the referral was
made an amount that the court finds the participant is able to pay.
SECTION 4. Section 154.021, Civil Practice and Remedies
Code, is amended by adding Subsection (d) to read as follows:
(d) Except as provided by Section 152.003 of this code or
Article 26.13(g), Code of Criminal Procedure, a court may not refer
a criminal case for alternative dispute resolution.
SECTION 5. (a) The changes in law made by this Act with
respect to criminal cases apply only to a criminal case in which the
defendant is arrested for or charged with an offense that occurs on
or after the effective date of this Act. A criminal case in which
the defendant is arrested for or charged with an offense that occurs
before the effective date of this Act is governed by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense was committed before that date.
(b) The changes in law made by this Act with respect to civil
cases apply only to a civil case referred to a county alternative
dispute resolution system on or after the effective date of this
Act. A civil case referred before the effective date of this Act is
governed by the law applicable to the case immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2013.