§ 152.002.Establishment

The enabling section, and it is written to leave counties room.

The commissioners court establishes the system by order, for the peaceable and expeditious resolution of disputes.

The county may do all necessary acts to make the system effective, and three examples follow.

It may contract out administration — to a private nonprofit corporation, a political subdivision, a public corporation, or a combination of them. Most Texas dispute resolution centers are run this way.

It may make reasonable rules, including rules on whether criminal cases may be referred to the system.

Criminal referral is a county-by-county choice. Section 152.003 allows it, and this subsection lets the commissioners court decide whether its own system accepts those cases.

It may vest management in a committee selected by the county bar association, which puts practicing lawyers in charge of the day-to-day operation.

That committee answers to the commissioners court. Its actions are subject to the commissioners court’s approval, so authority delegated is not authority surrendered.

The contracting power is what most counties use. A nonprofit dispute resolution center administers the system, and the county sets the rules and the fee.

Nothing here compels a county to act. The section says the commissioners court may establish a system, so these centers exist where a county chose to create one.