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.