By: Oliveira H.C.R. No. 144
73R10864 SRD-D
CONCURRENT RESOLUTION
1-1 WHEREAS, In a time of state government austerity, every
1-2 initiative that can contribute to expenditure reduction plays an
1-3 important role in balancing the state budget; and
1-4 WHEREAS, The cost of administrative hearings and litigation
1-5 involving regulatory and administrative agencies continues to
1-6 increase and further strain the state budget; and
1-7 WHEREAS, The use of alternative dispute resolution (ADR)
1-8 processes such as mediation has proven to be successful in
1-9 producing speedier, less costly, and more satisfying resolution of
1-10 civil lawsuits; and
1-11 WHEREAS, The office of the attorney general and several other
1-12 agencies of the state have undertaken mediation and other
1-13 alternative means of resolving public disputes and have found such
1-14 means to be an effective alternative to costly litigation; and
1-15 WHEREAS, The attorney general is developing ADR expertise
1-16 within his office and has made a strong commitment to use
1-17 alternative methods of dispute resolution whenever appropriate and
1-18 to explore other ways to use such methods in the future; and
1-19 WHEREAS, The State Bar of Texas has both a committee and a
1-20 section comprising more than 1,000 attorneys and other
1-21 professionals who possess both experience and expertise in the
1-22 appropriate use of ADR processes; and
1-23 WHEREAS, The University of Texas School of Law, with the
1-24 participation of the Lyndon B. Johnson School of Public Affairs at
2-1 The University of Texas, has established the Center for Public
2-2 Policy Dispute Resolution, whose mission is to promote the
2-3 appropriate use of alternatives to litigation and adversarial
2-4 administrative hearings in resolving public disputes; and
2-5 WHEREAS, The Senate Interim Committee on Jurisprudence, in
2-6 its report on alternative dispute resolution to the 73rd
2-7 Legislature, recommended that state agencies be encouraged to use
2-8 ADR where appropriate and suggested that an additional study be
2-9 undertaken regarding the use of ADR in state government; now,
2-10 therefore, be it
2-11 RESOLVED, That the 73rd Legislature of the State of Texas
2-12 hereby encourage all agencies of the state to use ADR processes in
2-13 agency programs and agency disputes whenever appropriate and
2-14 request that each agency designate a senior-level employee of the
2-15 agency as an ADR specialist and interagency liaison on matters
2-16 relating to the agency's use of ADR procedures; and, be it further
2-17 RESOLVED, That the legislature hereby establish the
2-18 Interagency Task Force on Alternative Dispute Resolution to study
2-19 and make specific recommendations regarding the use of alternative
2-20 dispute resolution processes in state government; and, be it
2-21 further
2-22 RESOLVED, That the task force consist of nine representatives
2-23 from agencies of the State of Texas, three appointed by the
2-24 governor of Texas, three appointed by the lieutenant governor of
2-25 Texas, and three appointed by the speaker of the Texas House of
2-26 Representatives; that the governor designate the chair of the task
2-27 force from among its members; and that the task force meet at the
3-1 call of its chair; and, be it further
3-2 RESOLVED, That each state agency's ADR specialist make a
3-3 report to the task force concerning the use of ADR processes by
3-4 that agency and potential use of ADR in the future; and, be it
3-5 further
3-6 RESOLVED, That the recommendations of the task force include
3-7 but not be limited to:
3-8 (1) statistics to be kept by state agencies on current
3-9 costs associated with hearings, grievance procedures, and other
3-10 conflict, both internal and external;
3-11 (2) statistics to be kept by state agencies on the
3-12 costs and success of current and future ADR procedures;
3-13 (3) what, if any, statutory changes are needed to
3-14 allow agencies to use ADR; and
3-15 (4) a systematized approach for the implementation of
3-16 ADR in all state agencies; and, be it further
3-17 RESOLVED, That the task force use existing staff resources in
3-18 undertaking this study and that the task force and each agency's
3-19 ADR specialist be encouraged to seek information and technical
3-20 expertise from the State Bar of Texas, the Center for Public Policy
3-21 Dispute Resolution at The University of Texas School of Law, the
3-22 Lyndon B. Johnson School of Public Affairs at The University of
3-23 Texas, and the office of the attorney general; and, be it further
3-24 RESOLVED, That the task force report its findings and
3-25 recommendations to the 74th Legislature when it convenes in January
3-26 1995.