By Talton, Edwards, Bailey H.B. No. 2289 77R5915 KSD-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. 1-13 (c) If a dispute is referred to mediation under this 1-14 section, the time limitations and deadlines under Sections 1-15 143.1015, 143.1016, 143.117, 143.118, 143.119, 143.120, and 1-16 143.127-143.134 are tolled until the earlier of: 1-17 (1) the date on which the parties reach a settlement 1-18 and execute a written agreement disposing of the dispute; 1-19 (2) the date on which the mediator refers the dispute 1-20 to another appeals or grievance procedure under this subchapter; or 1-21 (3) the 60th day after the date on which the dispute 1-22 was referred to mediation. 1-23 (d) The conduct and demeanor of the mediator and the parties 1-24 to the dispute during the course of the mediation are confidential. 2-1 A letter, memorandum, document, note, or other oral or written 2-2 communication that is relevant to the dispute and made between the 2-3 mediator and the parties to the dispute or between the parties to 2-4 the dispute during the course of the mediation procedure: 2-5 (1) is confidential and may not be disclosed unless 2-6 all of the parties to the mediation agree to the disclosure in 2-7 writing; and 2-8 (2) is admissible and discoverable in a separate 2-9 proceeding only if the letter, memorandum, document, note, or other 2-10 communication is admissible and discoverable independent of the 2-11 mediation. 2-12 (e) A mediator may not be required to testify in a 2-13 proceeding concerning information relating to or arising out of the 2-14 mediation. 2-15 (f) Subsection (d) does not apply to a final written 2-16 agreement to which the police department or municipality is a 2-17 signatory that is reached as a result of a mediation procedure 2-18 conducted under this section. Information in the final written 2-19 agreement is subject to required disclosure, is excepted from 2-20 required disclosure, or is confidential in accordance with Chapter 2-21 552, Government Code, and other law. 2-22 (g) If this section conflicts with other legal requirements 2-23 for disclosure of communications or materials, the issue of 2-24 confidentiality may be presented to a district court for a judicial 2-25 district in which the majority of the territory of the municipality 2-26 is located to determine, in camera, whether the facts, 2-27 circumstances, and context of the communications or materials 3-1 sought to be disclosed warrant a protective order of the court or 3-2 whether the communications or materials are subject to disclosure. 3-3 (h) Except to the extent of any conflict with this section, 3-4 Chapter 154, Civil Practice and Remedies Code, and police 3-5 department rules apply to a mediation conducted under this section. 3-6 (i) Except to the extent of any conflict with this section, 3-7 Section 2009.054, Government Code, applies to the communications, 3-8 records, conduct, and demeanor of the mediator and the parties. 3-9 (j) Section 143.1014 does not apply to a meeting or hearing 3-10 conducted under this section. 3-11 SECTION 2. This Act takes effect September 1, 2001.