By Talton                                             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.