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.