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.