HB 1189 78(R)    BILL ANALYSIS


H.B. 1189
By: Talton
Urban Affairs
February 28, 2003
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The City of Houston and the Houston Police Officers' Union (HPOU) entered
into a meet and confer agreement in 1998 in accordance with state law
regarding municipal civil service. The meet and confer agreement called
for the development and implementation of alternative dispute resolution
procedures for mediating disputes regarding police officers. H.B. 1189
incorporates procedures for the mediation of police officer disputes into
the provisions regarding municipal civil service in a municipality of 1.5
million or more.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Local Government Code Subchapter G, Chapter 143,  by
adding Section 143.135 to authorize the head of a police department in a
municipality of 1.5 million or more to develop and implement an
alternative dispute resolution program to refer to mediation certain
disputes regarding police officers. This Section sets forth mediation time
limitations and deadlines, provides that the conduct and demeanor of the
mediator and the parties to a dispute during the course of a mediation are
confidential, and sets forth provisions for disclosure of communication
relevant to a dispute when such communication is admissible or
discoverable in a separate proceeding. It prohibits requiring a mediator
to testify in a proceeding concerning information relating to or arising
out of a mediation under this Section.  
This Section provides that current Open Records law applies to a final
written agreement reached by mediation to which the police department or
municipality is a signatory.  Conflicts between this Section and other
legal requirements for the disclosure of communications or materials may
be presented to a district court. 
Chapter 154, Civil Practice and Remedies Code; Section 2009.054,
Government Code; and local police department rules govern the mediation
process under this Section, when not in conflict with this Section's
provisions. The notice requirement for certain meetings or hearings in
Section 143.1014, Local Government Code, does not apply to a meeting or
hearing conducted under this Section. 

SECTION 2.  Effective Date.

EFFECTIVE DATE:  September 1, 2003.