By:  Gallegos                                         S.B. No. 1783
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to police department mediation in certain municipalities
 1-2     and its effect on time schedules for appeals.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 143.135, Local Government Code, is added
 1-5     to read as follows:
 1-6           Section 143.135.  Mediation and its Effect on Time Schedules
 1-7     for Appeals.
 1-8           (a)  The police department head shall have the authority to
 1-9     develop and implement an alternative means of resolution of police
1-10     officer discipline and training through a program of mediation.  In
1-11     order to retain the benefits of such an effective alternative
1-12     approach, all timing dates and deadlines for (i) the imposition of
1-13     discipline under Section 143.117 and Section 143.119; (ii) appeals
1-14     under Section 143.120, Section 143.127, Section 143.134, and
1-15     Section 143.1016; and (iii) appeals to the Civil Service Commission
1-16     under Section 143.1015 shall be tolled for the period of time from
1-17     the date the matter is received by the alternative dispute
1-18     resolution unit until its completion with or without a written
1-19     resolution, or its referral to another investigatory/grievance
1-20     process, but no more than 60 days, whichever occurs first.  All
1-21     other time frames and deadlines remain unchanged as required by
1-22     this Chapter.
 2-1           (b)  All mediations shall be conducted in accordance with
 2-2     State law and police department rules and guidelines.  Accordingly,
 2-3     all communications, records, conduct, and demeanor of the mediator
 2-4     or the parties are confidential.
 2-5                 (1)  Any letter, memorandum, document, notes or other
 2-6     communications (oral or written) relevant to the dispute, made
 2-7     between the mediator and the parties to the dispute, or between the
 2-8     parties to the dispute during the course of the mediation procedure
 2-9     are confidential and may not be disclosed unless (i) all parties to
2-10     the dispute consent in writing to the disclosure, or (ii) the
2-11     communication is an admission made directly to the mediator by a
2-12     party to the dispute of criminal activity committed by the party
2-13     making the admission.
2-14                 (2)  Any letter, memorandum, document, notes or other
2-15     communications (oral or written) relevant to and made during the
2-16     course of the mediation procedure are admissible and discoverable
2-17     in another separate proceeding only if they are admissible and
2-18     discoverable independent of the mediation.  If this subsection
2-19     conflicts with other legal requirements for disclosure of
2-20     communications or materials, the issue of confidentiality may be
2-21     presented to a court having jurisdiction over the proceedings to
2-22     determine, in camera, whether the facts, circumstances, and context
2-23     of the communications or materials sought to be disclosed warrant a
2-24     protective order of the court or whether the communications or
2-25     materials are subject to disclosure.
2-26                 (3)  With the exception set out in (b)(1)(ii) of this
 3-1     subsection, a mediator may not be required to testify in a
 3-2     proceeding concerning information relating to or arising out of the
 3-3     mediation.
 3-4                 (4)  With the exception set out in Section 2008.053 of
 3-5     the Government Code, all mediations that are resolved to a final
 3-6     agreement will be confidential to the extent allowed by law.
 3-7           (c)  from the inception through actual mediation, all
 3-8     meetings or other procedures are exempt from the 48 hours or other
 3-9     notice requirements mandated by this Chapter.
3-10           SECTION 2.  This Act takes effect September 1, 1999.
3-11           SECTION 3.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.