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.