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.