ORDER NO. 29515
IMPLEMENT ALTERNATIVE DISPUTE RESOLUTION FEE FOR
JUSTICE COURTS
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Nicholson. The
Court unanimously approved by vote of 4-0-0 to:
Approve implementation of Alternative Dispute Resolution fee for Justice
Courts, with a fee to be established at $5 per case, as authorized by Section
152.005 of the Civil Practice and Remedies Code (HB 282).
~.-~
COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
MADE BY: Pat Tinley OFFICE: County Judge
MEETING DATE: December 27, 2005 TIME PREFERRED:
agsls'
SUBJECT: Consider, discuss and take appropriate action to implement Alternative
Dispute Resolution fee for Justice Courts in an amount not to exceed $5 per case as
authorized by Section 152.005 of the Civil Practice and Remedies Code (HB 282).
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
79(R) HB 282 -House Committee Report version -Bill Text
79R2017 MFC-D
By: Hope
A BILL TO BE ENTITLED
AN ACT
Page 1 of 1
H.B. No. 282
relating to the funding of alternative dispute resolution systems.
BE IT ED]ACTED BY THE LEGISLATUF.E OF THE STATE OF TEF.AS:
SECTION 1. Section 152.004(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) To establish and maintain an alternative dispute
resolution system, the commissioners court may set a court cost in
an amount not to exceed $15 [$~4] 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.
SECTION 2. Section 152.005, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 152.005. ADDITIONAL FEE FOR JOSTICE COURTS ["~.°T- :~T^'
~^^*'T T°~]. (a) To establish and maintain an alternative dispute
resolution system, the commissioners court [^~ ~^~ ' '"'^ ,
~~',~,^^ ^f ~ ~ m;ii;^^ _~] may, in addition to the court
cost authorized under Sectionm152.004, set a court cost in an amount
not to exceed $5 [S~] 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).
SECTION 3. This Act applies only to a civil case filed on or
after the e££ective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.
http://www.capitolstate.tx.us/tlo/79R/billtext/HB00282H.HTM 12/20/2005
Page 61 of 181
23 COMMISSIONER BALDWIN: It's the word
24 "update."
25 COMMISSIONER WILLIAMS: Yeah.
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1 MS. UECKER: Well, it's a two-part --
2 COMMISSIONER LETZ: It's up to the County
3 Attorney, to me.
4 COMMISSIONER WILLIAMS: If he says we can do
5 it, we can do it.
6 MS. UECKER: I think it's a two-part
7 statement.
8 COMMISSIONER BALDWIN: We can bring it back
9 next week. It's not that big a deal.
10 MS. UECKER: Okay, that's £ine.
11 COMMISSIONER BALDWIN: We'll bring it back.
12 MR. EMERSON: Bring it back.
13 COMMISSIONER LETZ: Bring it back.
14 JUDGE TINLEY: I think that's the safe
15 approach. Thank you. Anything further on that particular
16 agenda item? Let's move to Item 10, implement the increase
17 in the Alternative Dispute Resolution fee from $10 to $15 as
18 provided by House Bill 282.
19 MS. UECKER: All this bill does is it raises
20 the A D.R. fee, the Alternative Dispute Resolution fee, from
21 $10 to $15. I don't -- and we have already established this
22 fund. This is just an increase that has to be approved by
23 the Court. And I don't know i£ Ilse Bailey here, the
24 president of the Board o£ Directors of the A D.R. Board,
25 wants to say something, or --
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1 MS. BAILEY: I'd just like to say a couple of
2 things.
3 COMMISSIONER BALDWIN: Where do these fees
4 come from? They come out of the courtroom?
5 MS. BAILEY: They're filing fees, court
6 costs.
7 MS. UECKE R: On every civil case.
8 COMMISSIONER BALDWIN: On every civil action?
9 It doesn't have to do with a divorce or annulments or --
10 MS. UECKER: That's right.
11 MS. BAILEY: That's correct.
12 COMMISSIONER BALDWIN: Okay. And --
13 MS. BAILEY: And that goes into a fund that
14 is limited to payment only for mediation-type services. The
15 Court has been generous enough to fund this Hill Country
16 A.D.R. Center with those funds for the past three years now,
17 and I'd just like to report to the Court that the center has
18 been very, very successful, where we're just growing by
19 leaps and bounds. I think we're resolving a lot of cases,
20 and thereby saving the taxpayers a lot of money on the back
21 end, because people are not having to pick juries and go to
22 trial and use court -- the services. So, I think that it's
23 been a very successful operation, and I think that it's
24 clear that mediation is a growing area of -- of part of
25 legal services that we find in the community, and we really
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1 encourage you to continue to support the center and to
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2 increase this fee as allowed by the legislation so that our
3 increased operations can continue to be funded on an
4 expanded basis in coming years. We thank you so much for
5 the support you've shown in the past.
6 COMIMISSIONER LETZ: I move we increase the
7 fee for alternative dispute resolution from $10 to $15, as
8 provided by HB-282.
9 COMMISSIONER WILLIAMS: Second.
10 JUDGE TINLEY: Motion made and seconded for
11 approval of the agenda item. Any question or discussion?
12 All in favor of that motion, signify by raising your right
13 hand.
14 (The motion carried by unanimous vote.)
15 JUDGE TINLEY: All opposed, same sign.
16 (No response.)
17 JUDGE TINLEY: That motion does carry.
18 Before we break, let's go ahead and try and take care of
19 Item 11. Update the Court on Senate Sill 1704 relating to
20 jury service, and set new juror reimbursement. We may have
21 an agenda wording issue here; I'm just giving the County
22 Attorney a heads-up. Ms. Uecker?
23 MS. UECKER: This bill now provides that for
24 the first day of service, the Commissioners Court to set a
25 fee not less than $6 for the first day of service. Now,
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1 that would include jurors that are actually selected, like
2 in County Court or J.P. or County Court at Law. Most of
3 those trials don't last more than one day, so they would
4 still get that -- that first-day fee. After that, it will
http://www.co.kerr.tx.us/commcrt/minutes/2005/082205cc.txt 12/20/2005