1-1 By: Harris of Dallas S.C.R. No. 82
1-2 (In the Senate - Filed April 30, 1993; May 3, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 May 11, 1993, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 SENATE CONCURRENT RESOLUTION
1-16 WHEREAS, On November 16, 1992, the Senate Interim Committee
1-17 on Jurisprudence, on the prior request of Lieutenant Governor Bob
1-18 Bullock, held hearings, conducted studies, and submitted a "Report
1-19 on Alternative Dispute Resolution" which contained the following
1-20 recommendations; and
1-21 WHEREAS, In times of state government austerity, every
1-22 initiative that can contribute to expenditure reductions plays an
1-23 important role in the balancing of the Texas budget; and
1-24 WHEREAS, The cost of administrative hearings and litigation
1-25 involving regulatory and administrative agencies continues to
1-26 increase, causing a further strain on the state budget; and
1-27 WHEREAS, The use of alternative dispute resolution processes
1-28 such as mediation has proven to be successful in quicker, less
1-29 costly, more satisfying resolution of civil lawsuits; and
1-30 WHEREAS, The attorney general and several state regulatory
1-31 agencies have already successfully undertaken mediation and other
1-32 alternative means of resolving public disputes with success; and
1-33 WHEREAS, The attorney general is developing alternative
1-34 dispute resolution expertise within his offices and has voiced a
1-35 strong commitment to using alternative methods of dispute
1-36 resolution processes whenever appropriate and to actively exploring
1-37 areas of future possible use; and
1-38 WHEREAS, The State Bar of Texas has both a committee and a
1-39 section comprised of over 1,000 attorneys and others interested in
1-40 and possessing both experience and expertise in the appropriate use
1-41 of alternative dispute resolution processes; and
1-42 WHEREAS, The University of Texas School of Law, with the
1-43 participation of the LBJ School of Public Affairs, has established
1-44 the Center For Public Policy Dispute Resolution, which has as its
1-45 mission, the promotion of appropriate use of alternatives to
1-46 litigation and adversarial administrative hearings in resolving
1-47 public disputes; and
1-48 WHEREAS, The State of Texas can only benefit from a more
1-49 efficient, less expensive means of regulating Texas industry and
1-50 resolving lawsuits involving the state; now, therefore, be it
1-51 RESOLVED, That the 73rd Legislature of the State of Texas, as
1-52 public policy of the state, hereby encourage state regulatory
1-53 agencies to continue to develop systems and policies and to adopt
1-54 initiatives consistent with the Administrative Procedure and Texas
1-55 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes),
1-56 addressing the use of alternative dispute resolution processes in
1-57 agency programs and agency disputes at all levels; and, be it
1-58 further
1-59 RESOLVED, That the 73rd Legislature of the State of Texas
1-60 hereby request that each agency appoint a senior level agency
1-61 official to serve as the alternative dispute resolution specialist
1-62 of the agency and on behalf of the agency to research, participate
1-63 in, and receive information as described below; and, be it further
1-64 RESOLVED, That the 73rd Legislature of the State of Texas
1-65 hereby request that the State Bar of Texas, the Center For Public
1-66 Policy Dispute Resolution at The University of Texas School of Law,
1-67 The University of Texas LBJ School of Public Affairs, and the
1-68 Office of the Attorney General provide education, training,
2-1 information, and technical expertise to the agencies and/or
2-2 alternative dispute resolution specialists in assessing, planning,
2-3 researching, and implementing alternative dispute resolution
2-4 processes in agency programs as appropriate; and, be it further
2-5 RESOLVED, That all state regulatory agencies and alternative
2-6 dispute resolution specialists cooperate fully with each other and
2-7 with the above-named entities in implementing this suggested
2-8 initiative and that each state regulatory agency and its
2-9 alternative dispute resolution specialist prepare a study,
2-10 assessing the effectiveness of any existing agency uses of
2-11 alternative dispute resolution processes and outlining possible
2-12 future uses of alternative dispute resolution processes in the
2-13 overall agency operation; and, be it further
2-14 RESOLVED, That the alternative dispute resolution specialists
2-15 report their findings and recommendations to the 74th Legislature
2-16 when it convenes in January, 1995.
2-17 * * * * *
2-18 Austin,
2-19 Texas
2-20 May 11, 1993
2-21 Hon. Bob Bullock
2-22 President of the Senate
2-23 Sir:
2-24 We, your Committee on Jurisprudence to which was referred S.C.R.
2-25 No. 82, have had the same under consideration, and I am instructed
2-26 to report it back to the Senate with the recommendation that it do
2-27 pass and be printed.
2-28 Henderson,
2-29 Chairman
2-30 * * * * *
2-31 WITNESSES
2-32 No witnesses appeared on S.C.R. No. 82.