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§ 152.003.Referral of Cases

Title 7. Alternate Methods of Dispute Resolution · Chapter 152. Alternative Dispute Resolution System Established by Counties · Last amended 2017 · Last verified August 29, 2026

In one sentenceSection 152.003 lets judges and justices of the peace in a county with a system refer civil cases to it, and criminal cases where the system accepts them, on the prosecutor’s request with the victim’s and defendant’s consent, excluding serious offenses.

Full Text of § 152.003

Text sizeJump to: (a) (b) (c)

(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 Article 42A.054(a), Code of Criminal Procedure, or convicted of an offense, the judgment for which contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.
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Plain-English Summary

The referral section, and it treats civil and criminal cases differently at every step.

A wide range of courts may refer. District, county, statutory county, probate and justice of the peace courts, in a county where a system has been established.

A civil case may be referred on a party’s motion or the court’s own. The judge does not need anyone’s agreement.

A criminal case takes three additional things. The system must accept criminal cases, the attorney representing the state must request the referral, and the referral must have consent.

Consent means both the victim and the defendant. The prosecutor must obtain it before requesting the referral, which gives the victim a decision rather than a notification.

A criminal case may be referred before charges are filed. The section says so expressly, which is what allows a pretrial victim-offender program to reach a dispute early.

Serious offenses are excluded. A case may not be referred if the defendant is charged with or convicted of an offense on the Code of Criminal Procedure’s list of the most serious offenses, or convicted of an offense whose judgment carries the affirmative findings that list describes.

Referral does not prejudice the case. Sending a matter to the system costs a party nothing if it does not resolve there.

Frequently Asked Questions

Which courts can refer a case?

District, county, statutory county, probate and justice of the peace courts in a county with an established system.

Can a criminal case be referred?

Only if the system accepts criminal cases, the prosecutor requests it, and both the victim and the defendant consent.

Are any cases excluded?

Yes. Cases involving the serious offenses listed in the Code of Criminal Procedure, and offenses whose judgments carry the affirmative findings that provision describes.

Does referral hurt a party’s case?

No. The section says referral does not prejudice the case.

Amendment History

  • Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 509, Sec. 1, eff. Sept. 1, 1999.
  • Amended by:
  • Acts 2013, 83rd Leg., R.S., Ch. 781 (S.B. 1237), Sec. 2, eff. September 1, 2013.
  • Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.03, eff. January 1, 2017.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source