By: Talton (Senate Sponsor - Gallegos) H.B. No. 1189
(In the Senate - Received from the House April 8, 2003;
April 9, 2003, read first time and referred to Committee on
Intergovernmental Relations; May 16, 2003, reported favorably by
the following vote: Yeas 4, Nays 0; May 16, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to alternative dispute resolution procedures in certain
police departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 143, Local Government
Code, is amended by adding Section 143.135 to read as follows:
Sec. 143.135. MEDIATION. (a) In this section, "mediation"
has the meaning assigned by Section 154.023, Civil Practice and
Remedies Code.
(b) The head of the police department may develop and
implement an alternative dispute resolution program to refer
certain disputes regarding police officers to mediation.
(c) 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 of:
(1) the date the parties reach a settlement and
execute a written agreement disposing of the dispute;
(2) the date the mediator refers the dispute to
another appeals or grievance procedure under this subchapter; or
(3) the 60th day after the date the dispute was
referred to mediation.
(d) The conduct and demeanor of the mediator and the parties
to the dispute during the course of the mediation are confidential.
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) A mediator may not be required to testify in a
proceeding concerning information relating to or arising out of the
mediation.
(f) 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. 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) If this section conflicts with other legal requirements
for disclosure of communications or materials, the issue of
confidentiality may 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) Except to the extent of any conflict with this section,
Chapter 154, Civil Practice and Remedies Code, and police
department rules apply to a mediation conducted under this section.
(i) Except to the extent of any conflict with this section,
Section 2009.054, Government Code, applies to the communications,
records, conduct, and demeanor of the mediator and the parties.
(j) Section 143.1014 does not apply to a meeting or hearing
conducted under this section.
SECTION 2. This Act takes effect September 1, 2003.
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