By Gallegos                                           S.B. No. 1538
         76R5702 KLA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to alternative dispute resolution procedures in certain
 1-3     police departments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter G, Chapter 143, Local Government Code,
 1-6     is amended by adding Section 143.135 to read as follows:
 1-7           Sec. 143.135.  MEDIATION.  (a)  In this section, "mediation"
 1-8     has the meaning assigned by Section 154.023, Civil Practice and
 1-9     Remedies Code.
1-10           (b)  The head of the police department may develop and
1-11     implement an alternative dispute resolution program to refer
1-12     certain disputes regarding police officers to mediation.  Disputes
1-13     referred under this subsection may involve:
1-14                 (1)  a grievance filed by a police officer; or
1-15                 (2)  a dispute regarding a disciplinary action taken
1-16     against a police officer.
1-17           (c)  If a dispute is referred to mediation under this
1-18     section, the time limitations and deadlines under Sections
1-19     143.1015, 143.1016, 143.117, 143.118, 143.119, 143.120, 143.127,
1-20     and 143.134 are tolled until the earlier of:
1-21                 (1)  the date on which the parties reach a settlement
1-22     and execute a written agreement disposing of the dispute;
1-23                 (2)  the date on which the mediator refers the dispute
1-24     to another appeals or grievance procedure under this subchapter; or
 2-1                 (3)  the 60th day after the date on which the dispute
 2-2     was referred to mediation.
 2-3           (d)  Chapter 154, Civil Practice and Remedies Code,  and
 2-4     police department rules and guidelines related to mediation or
 2-5     alternative dispute resolution apply to a mediation conducted under
 2-6     this section.
 2-7           (e)  Section 2008.054, Government Code, as added by Chapter
 2-8     934, Acts of the 75th Legislature, Regular Session, 1997, and,
 2-9     except as provided by Subsection (b) of that section, Sections
2-10     154.053 and 154.073, Civil Practice and Remedies Code, apply to the
2-11     communications, records, conduct, and demeanor of the mediator and
2-12     the parties.
2-13           (f)  A written agreement that disposes of a dispute referred
2-14     to mediation under this section is subject to required disclosure,
2-15     is excepted from required disclosure, or is confidential in
2-16     accordance with other law.
2-17           (g)  Section 143.1014 does not apply to a meeting or hearing
2-18     conducted under this section.
2-19           SECTION 2.  This Act takes effect September 1, 1999.
2-20           SECTION 3.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.