HBA-PDH, PDH H.B. 826 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 826
By: Greenberg
State Affairs
2/16/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Alternative Dispute Resolution (ADR) Act governs
court-ordered use of ADR and the Government Dispute Resolution (GDR) Act
applies to state agency use of ADR.  The ability of local governments to
use ADR when it is not ordered remains unclear.  H.B. 826 replaces all
references to "state agencies" in the GDR Act with "governmental bodies,"
making the GDR Act applicable to local governments as well as state
agencies.  The bill extends the confidentiality provisions of the GDR Act
to local governments, protecting communications relevant to the dispute
made by the parties during the dispute resolution procedure, and subjecting
all final written agreements involving local governments to the Open
Records Act. 

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 Chapter 2008, Government Code, to redesignate Chapter
2008 to Chapter 2009, Government Code, and amend, as follows: 

New Title:  CHAPTER 2009.  ALTERNATIVE DISPUTE RESOLUTION FOR USE BY
GOVERNMENTAL BODIES.  Deletes "state agencies" from existing title. 

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 2009.001.  SHORT TITLE.  Makes a conforming change.

Sec. 2009.002.  POLICY.  Makes conforming changes.

Sec. 2009.003.  DEFINITIONS.  Includes a definition for "governmental body"
in the list of definitions.  Redesignates Subsections (2) - (3) to
Subsections (3) - (4).  Makes a conforming change. 

Sec.  2009.004.  New title: CONTRACTS; BUDGETING FOR COSTS.  Deletes
"agency" from existing title.  Makes conforming and nonsubstantive changes. 

Sec. 2009.005.  SOVEREIGN IMMUNITY.  Makes a conforming change.

SUBCHAPTER B.  ALTERNATIVE DISPUTE RESOLUTION

Sec. 2009.051.  DEVELOPMENT AND USE OF PROCEDURES.  Provides that
alternative dispute resolution procedures developed and used by a state
agency must be consistent with Chapter 2001 (Administrative Procedure),
Government Code.  Creates subsection from existing text.  Redesignates
existing Subsection (b) to Subsection (c).  Makes conforming and
nonsubstantive changes. 

Sec. 2009.052.  SUPPLEMENTAL NATURE OF PROCEDURES.  Includes a right
granted  under a local charter, ordinance, or other similar provision among
the rights that may not be denied  by this chapter.  Makes conforming and
nonsubstantive changes. 

Sec. 2009.053.  IMPARTIAL THIRD PARTIES.  (a)  Makes conforming changes.  

(b)  Creates subsection from existing text.  Moves impartial third party
qualifications required under Section 154.052 (Qualifications of Impartial
Third Party), Civil Practice and Remedies Code to Subsection (d).  Makes
conforming changes. 

(c)  Authorizes a state agency to obtain the services of a qualified third
party through an agreement with the State Office of Administrative
Hearings. 

(d)  Requires an impartial third party to possess the qualifications
required under Section 154.052 (Qualifications of Impartial Third Party),
Civil Practice and Remedies Code. 

Sec.2009.054. CONFIDENTIALITY OF CERTAIN RECORDS AND COMMUNICATIONS.  Makes
information in a final written agreement confidential in accordance with
Chapter 552 (Public Information), Government Code.  Makes conforming
changes. 

Sec. 2009.055.  New Title:  SHARING OF INFORMATION; CONSISTENCY OF
PROCEDURES.  Deletes "interagency" from the existing title.  Makes
conforming changes. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.