83R26645 AJA-F
By: Schwertner S.B. No. 1237
(Lewis)
Substitute the following for S.B. No. 1237: No.
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. Subsection (b), Section 152.002, Civil Practice
and Remedies Code, is amended to read as follows:
(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,
including rules specifying whether criminal cases may be referred
to the system; and
(3) vesting management of the system in a committee
selected by the county bar association.
SECTION 2. 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, if
the system accepts criminal cases and 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 and the defendant to the referral.
(c) A criminal case may not be referred to the system if the
defendant is charged with or convicted of an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or
convicted of an offense, the judgment for which contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure.
SECTION 3. 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 4. 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) Fees collected under this section may be paid on a
periodic basis or on a deferred payment schedule at the discretion
of the judge, magistrate, or program director administering the
pretrial victim-offender mediation program. The fees must be based
on the defendant's ability to pay.
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.