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.