SRC-JJJ S.B. 1783 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1783
By: Gallegos
Intergovernmental Relations
4/6/1999
As Filed


DIGEST 

Currently, the purpose of protective order language as it applies to the
mediation process is that there is a need to protect information that comes
out of a voluntary internal mediation process in police departments in
certain municipalities. Questions have arisen as to the legal validity of
protective orders emerging from voluntary internal mediation processes.
S.B. 1783 would establish provisions regarding police department mediation
in certain municipalities and its effect on time schedules for appeals. 

PURPOSE

As proposed, S.B. 1783 establishes provisions regarding police department
mediation in certain municipalities and its effect on time schedules for
appeals. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 143.135, Local Government Code, as follows:

Sec. 143.135.  MEDIATION AND ITS EFFECT ON TIME SCHEDULES FOR APPEALS.
Requires the police department head to have the authority to develop and
implement an alternative means of resolution of police officer discipline
and training through a program of mediation.  Sets forth timing dates and
deadlines for the imposition of discipline and appeals, in order to retain
the benefits of such an effective alternative approach.  Provides that all
other time frames and deadlines remain unchanged as required by this
chapter. Requires all mediation to be conducted in accordance with state
law and police department rules and guidelines.  Establishes that all
communications, records, conduct, and demeanor of the mediator or the
parties are confidential.  Sets forth relevant information regarding a case
considered to be confidential and that may or may not be disclosed.
Provides that a mediator may not be required to testify in a proceeding
concerning certain relevant information regarding the mediation.  Provides
that all meetings or other procedures are exempt from the 48 hours or other
notice requirements mandated by this chapter, from the inception through
actual mediation. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.