Bill not drafted by TLC or Senate E&E.
       Line and page numbers may not match official copy.
       By:  Ellis                                       S.R. No. 920
                                   SENATE RESOLUTION
    1-1        WHEREAS, On November 16, 1992, the Senate Interim Committee
    1-2  on Jurisprudence, on the prior request of Lieutenant Governor Bob
    1-3  Bullock, held hearings, conducted studies, and submitted a "Report
    1-4  on Alternative Dispute Resolution" which contained the following
    1-5  recommendation; and
    1-6        WHEREAS, In times of state government austerity, every
    1-7  initiative that can contribute to expenditure reductions plays an
    1-8  important role in the balancing of the Texas budget; and
    1-9        WHEREAS, The cost of administrative hearings and litigation
   1-10  involving regulatory and administrative agencies continues to
   1-11  increase, causing a further strain on the state budget; and
   1-12        WHEREAS, The use of alternative dispute resolution processes
   1-13  such as mediation has proven to be successful in quicker, less
   1-14  costly, more satisfying resolution of civil lawsuits; and
   1-15        WHEREAS, The attorney general and several state regulatory
   1-16  agencies have already successfully undertaken mediation and other
   1-17  alternative means of resolving public disputes with success; and
   1-18        WHEREAS, The attorney general is developing alternative
   1-19  dispute resolution expertise within his offices and has voiced a
   1-20  strong commitment to using alternative methods of dispute
   1-21  resolution processes whenever appropriate and to actively exploring
   1-22  areas of future possible use; and
   1-23        WHEREAS, The State Bar of Texas has both a Committee and a
    2-1  Section comprised of over 1,000 attorneys and others interested in
    2-2  and possessing both experience and expertise in the appropriate use
    2-3  of alternative dispute resolution processes; and
    2-4        WHEREAS, The University of Texas School of Law, with the
    2-5  participation of the LBJ School of Public Affairs, has established
    2-6  the Center For Public Policy Dispute Resolution, which has as its
    2-7  mission the promotion of appropriate use of alternatives to
    2-8  litigation and adversarial administrative hearings in resolving
    2-9  public disputes; and
   2-10        WHEREAS, The State of Texas can only benefit from a more
   2-11  efficient, less expensive means of regulating Texas industry and
   2-12  resolving lawsuits involving the State; now, therefore, be it
   2-13        RESOLVED, That the Senate of the State of Texas, 73rd
   2-14  Legislature, as public policy of the State, hereby encourage state
   2-15  regulatory agencies to continue to develop systems and policies and
   2-16  to adopt initiatives consistent with the Administrative Procedures
   2-17  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   2-18  Statutes), addressing the use of alternative dispute resolution
   2-19  processes in agency programs and agency disputes at all levels;
   2-20  and, be it further
   2-21        RESOLVED, That the Senate of the State of Texas, 73rd
   2-22  Legislature, hereby request that the State Bar of Texas, the Center
   2-23  For Public Policy Dispute Resolution at The University of Texas
   2-24  School of Law, The University of Texas LBJ School of Public
   2-25  Affairs, and the Office of the Attorney General provide education,
    3-1  training, information, and technical expertise to the agencies
    3-2  and/or alternate dispute resolution specialists in assessing,
    3-3  planning, researching, and implementing alternate dispute
    3-4  resolution processes in agency programs, as appropriate; and, be it
    3-5  further
    3-6        RESOLVED, That all state regulatory agencies and alternate
    3-7  dispute resolution specialists cooperate fully with each other and
    3-8  with the above-named entities in implementing this suggested
    3-9  initiative and that each state regulatory agency and its alternate
   3-10  dispute resolution specialist prepare a study, assessing the
   3-11  effectiveness of any existing agency uses of alternate dispute
   3-12  resolution processes and outlining possible future uses of
   3-13  alternate dispute resolution processes in the overall agency
   3-14  operation; and, be it further
   3-15        RESOLVED, That the alternate dispute resolution specialists
   3-16  report their findings and recommendations to the 74th Legislature
   3-17  when it convenes in January, 1995.