1-1 By: Gallegos, Whitmire S.B. No. 1179 1-2 (In the Senate - Filed March 6, 2001; March 8, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 25, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; April 25, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to alternative dispute resolution procedures in certain 1-9 police departments. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter G, Chapter 143, Local Government Code, 1-12 is amended by adding Section 143.135 to read as follows: 1-13 Sec. 143.135. MEDIATION. (a) In this section, "mediation" 1-14 has the meaning assigned by Section 154.023, Civil Practice and 1-15 Remedies Code. 1-16 (b) The head of the police department may develop and 1-17 implement an alternative dispute resolution program to refer 1-18 certain disputes regarding police officers to mediation. 1-19 (c) If a dispute is referred to mediation under this 1-20 section, the time limitations and deadlines under Sections 1-21 143.1015, 143.1016, 143.117, 143.118, 143.119, 143.120, and 1-22 143.127-143.134 are tolled until the earlier of: 1-23 (1) the date on which the parties reach a settlement 1-24 and execute a written agreement disposing of the dispute; 1-25 (2) the date on which the mediator refers the dispute 1-26 to another appeals or grievance procedure under this subchapter; or 1-27 (3) the 60th day after the date on which the dispute 1-28 was referred to mediation. 1-29 (d) The conduct and demeanor of the mediator and the parties 1-30 to the dispute during the course of the mediation are confidential. 1-31 A letter, memorandum, document, note, or other oral or written 1-32 communication that is relevant to the dispute and made between the 1-33 mediator and the parties to the dispute or between the parties to 1-34 the dispute during the course of the mediation procedure: 1-35 (1) is confidential and may not be disclosed unless 1-36 all of the parties to the mediation agree to the disclosure in 1-37 writing; and 1-38 (2) is admissible and discoverable in a separate 1-39 proceeding only if the letter, memorandum, document, note, or other 1-40 communication is admissible and discoverable independent of the 1-41 mediation. 1-42 (e) A mediator may not be required to testify in a 1-43 proceeding concerning information relating to or arising out of the 1-44 mediation. 1-45 (f) Subsection (d) does not apply to a final written 1-46 agreement to which the police department or municipality is a 1-47 signatory that is reached as a result of a mediation procedure 1-48 conducted under this section. Information in the final written 1-49 agreement is subject to required disclosure, is excepted from 1-50 required disclosure, or is confidential in accordance with Chapter 1-51 552, Government Code, and other law. 1-52 (g) If this section conflicts with other legal requirements 1-53 for disclosure of communications or materials, the issue of 1-54 confidentiality may be presented to a district court for a judicial 1-55 district in which the majority of the territory of the municipality 1-56 is located to determine, in camera, whether the facts, 1-57 circumstances, and context of the communications or materials 1-58 sought to be disclosed warrant a protective order of the court or 1-59 whether the communications or materials are subject to disclosure. 1-60 (h) Except to the extent of any conflict with this section, 1-61 Chapter 154, Civil Practice and Remedies Code, and police 1-62 department rules apply to a mediation conducted under this section. 1-63 (i) Except to the extent of any conflict with this section, 1-64 Section 2009.054, Government Code, applies to the communications, 2-1 records, conduct, and demeanor of the mediator and the parties. 2-2 (j) Section 143.1014 does not apply to a meeting or hearing 2-3 conducted under this section. 2-4 SECTION 2. This Act takes effect September 1, 2001. 2-5 * * * * *