SRC-VRA S.B. 1692 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1692
78R5994 KSD-FBy: Gallegos
Intergovernmental Relations
3/25/2003
As Filed


DIGEST AND PURPOSE 

Currently, certain police departments maintain alternative dispute
resolution procedures regarding officer training through a program of
mediation.  As proposed, S.B. 1692 authorizes the head of a police
department to develop and implement an alternative dispute resolution
program and to refer to mediation certain disputes regarding police
officers. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Chapter 143G, Local Government Code, by adding Section
143.135, as follows: 
 
 Sec. 143.135.  MEDIATION.  (a)  Defines "mediation."
 
(b)  Authorizes the head of the police department to develop and implement
an alternative dispute resolution program to refer certain disputes
regarding police officers to mediation. 
 
(c)  Provides that if a dispute is referred to mediation under this
section, the time limitations and deadlines under Sections 143.1015,
143.1016, 143.117, 143.118, 143.119, 143.120, and 143.127-143.134 are
tolled until the earliest certain possible dates. 
 
(d)  Provides that the conduct and demeanor of the mediator and the
parties to the dispute during the course of the mediation are
confidential.  Provides that a letter, memorandum, document, note, or
other oral or written communication that is relevant to the dispute and
made between the mediator and the parties to the dispute or between the
parties to the dispute during the course of the mediation procedure: 
  
(1)  is confidential and may not be disclosed unless all of the parties to
the mediation agree to the disclosure in writing; and 
  
(2)  is admissible and discoverable in a separate proceeding only if the
letter, memorandum, document, note, or other communication is admissible
and discoverable independent of the mediation. 
 
(e)  Prohibits a mediator from being required to testify in a proceeding
concerning information relating to or arising out of the mediation. 
 
(f)  Provides that Subsection (d) does not apply to a final written
agreement to which the police department or municipality is a signatory
that is reached as a result of a mediation procedure conducted under this
section.  Provides that information in the final written agreement is
subject to required disclosure, is  excepted from required disclosure, or
is confidential in accordance with Chapter 552, Government Code, and other
law. 
 
(g)  Authorizes the issue of confidentiality,  if this section conflicts
with other legal requirements for disclosure of communications or
materials, to be presented to a district court for a judicial district in
which the majority of the territory of the municipality is located to
determine, in camera, whether the facts, circumstances, and context of the
communications or materials sought to be disclosed warrant a protective
order of the court or whether the communications or materials are subject
to disclosure. 
 
(h)  Provides that Chapter 154, Civil Practice and Remedies Code, and
police department rules apply to a mediation conducted under this section,
except to the extent of any conflict with this section. 
 
(i)  Provides that Section 2009.054, Government Code, applies to the
communications, records, conduct, and demeanor of the mediator and the
parties, except to the extent of any conflict with this section. 
 
(j)  Provides that Section 143.1014 does not apply to a meeting or hearing
conducted under this section. 

SECTION 2.   Effective date:  September 1, 2003.