Texas 2013 - 83rd Regular

Texas Senate Bill SB1237 Compare Versions

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Old	New	Differences
1	1	83R26645 AJA-F
2	2	By: Schwertner S.B. No. 1237
3	3	(Lewis)
4	4	Substitute the following for S.B. No. 1237: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to referral of disputes for alternative dispute
10	10	resolution, including victim-directed referrals; authorizing a
11	11	fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subsection (b), Section 152.002, Civil Practice
14	14	and Remedies Code, is amended to read as follows:
15	15	(b) The commissioners court may do all necessary acts to
16	16	make the alternative dispute resolution system effective,
17	17	including:
18	18	(1) contracting with a private nonprofit corporation,
19	19	a political subdivision, a public corporation, or a combination of
20	20	these entities for the purpose of administering the system;
21	21	(2) making reasonable rules relating to the system,
22	22	including rules specifying whether criminal cases may be referred
23	23	to the system; and
24	24	(3) vesting management of the system in a committee
25	25	selected by the county bar association.
26	26	SECTION 2. Section 152.003, Civil Practice and Remedies
27	27	Code, is amended to read as follows:
28	28	Sec. 152.003. REFERRAL OF CASES. (a) A judge of a district
29	29	court, county court, statutory county court, probate court, or
30	30	justice of the peace court in a county in which an alternative
31	31	dispute resolution system has been established may, on motion of a
32	32	party or on the judge's or justice's own motion, refer a civil or, if
33	33	the system accepts criminal cases and on the request of an attorney
34	34	representing the state, a criminal case to the system regardless of
35	35	whether the defendant in the criminal case has been formally
36	36	charged. Referral under this section does not prejudice the case.
37	37	(b) Before requesting a referral of a criminal case under
38	38	this section, an attorney representing the state must obtain the
39	39	consent of the victim and the defendant to the referral.
40	40	(c) A criminal case may not be referred to the system if the
41	41	defendant is charged with or convicted of an offense listed in
42	42	Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or
43	43	convicted of an offense, the judgment for which contains an
44	44	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
45	45	Criminal Procedure.
46	46	SECTION 3. Section 152.006, Civil Practice and Remedies
47	47	Code, is amended to read as follows:
48	48	Sec. 152.006. FEE FOR ALTERNATIVE DISPUTE RESOLUTION
49	49	CENTERS. An entity described by Section 152.002(a) or (b)(1)
50	50	[152.002(b)(1)] that provides services for the resolution of
51	51	disputes [in a county that borders the Gulf of Mexico with a
52	52	population of 250,000 or more but less than 300,000] may collect a
53	53	reasonable fee [in any amount] set by the commissioners court [from
54	54	a person who receives the services. This section may not be
55	55	construed to affect the collection of a fee by any other entity
56	56	described by Section 152.002(b)(1)].
57	57	SECTION 4. Chapter 152, Civil Practice and Remedies Code,
58	58	is amended by adding Section 152.007 to read as follows:
59	59	Sec. 152.007. PARTICIPANT FEE FOR CRIMINAL DISPUTE
60	60	RESOLUTION. (a) An entity that provides services for the
61	61	resolution of criminal disputes under this chapter may collect a
62	62	reasonable fee set by the commissioners court from a person who
63	63	receives the services, not to exceed $350, except that a fee may not
64	64	be collected from an alleged victim of the crime.
65	65	(b) Fees collected under this section may be paid on a
66	66	periodic basis or on a deferred payment schedule at the discretion
67	67	of the judge, magistrate, or program director administering the
68	68	pretrial victim-offender mediation program. The fees must be based
69	69	on the defendant's ability to pay.
70	70	SECTION 5. (a) The changes in law made by this Act with
71	71	respect to criminal cases apply only to a criminal case in which the
72	72	defendant is arrested for or charged with an offense that occurs on
73	73	or after the effective date of this Act. A criminal case in which
74	74	the defendant is arrested for or charged with an offense that occurs
75	75	before the effective date of this Act is governed by the law in
76	76	effect when the offense was committed, and the former law is
77	77	continued in effect for that purpose. For purposes of this section,
78	78	an offense was committed before the effective date of this Act if
79	79	any element of the offense was committed before that date.
80	80	(b) The changes in law made by this Act with respect to civil
81	81	cases apply only to a civil case referred to a county alternative
82	82	dispute resolution system on or after the effective date of this
83	83	Act. A civil case referred before the effective date of this Act is
84	84	governed by the law applicable to the case immediately before the
85	85	effective date of this Act, and the former law is continued in
86	86	effect for that purpose.
87	87	SECTION 6. This Act takes effect September 1, 2013.