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.