HBA-LCA H.B. 3373 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3373
By: Talton
Urban Affairs
4/3/1999
Introduced



BACKGROUND AND PURPOSE 

In order to protect information that emerges during voluntary internal
mediation, H.B. 3373 codifies language agreed upon by the City of Houston
and officers of the Houston Police Department during a meet and confer
contract process.  This codification is intended to ensure that the
protective order language will withstand a court challenge. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 143, Local Government Code, by
adding Section 143.135, as follows: 

Sec. 143.135.  MEDIATION AND ITS EFFECT ON TIME SCHEDULES FOR APPEALS. (a)
Authorizes the police department head to develop and implement an
alternative means of resolution of police officer discipline and training
through a program of mediation. Requires that dates and deadlines for
actions taken under certain specified sections of Chapter 143, Local
Government Code (Municipal Civil Service) be calculated from the date the
matter is received by the alternative dispute resolution unit until its
completion with or without a written resolution, its referral to another
investigatory or grievance process, or until 60 days have elapsed. 

(b) Provides that mediation is conducted in accordance with state laws and
police department rules and guidelines.  Provides that communications,
records, conduct, and demeanor are confidential.  Provides for the
disclosure of confidential information during or after a mediation under
certain specified conditions. 

(c)  Exempts meetings or other procedures during mediation from notice
requirements under Chapter 143, Local Government Code. 

SECTION 2.  Effective date: September 1, 1999.