HBA-TYH S.B. 1783 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1783
By: Gallegos
Urban Affairs
5/17/1999
Engrossed



BACKGROUND AND PURPOSE 

In order to protect information that emerges during voluntary internal
mediation, S.B. 1783 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 G, 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)
Provides that the police department head shall 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 this chapter (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, or its referral to another investigatory or grievance
process, but no more than 60 days, whichever occurs first.  Provides that
all other time frames and deadlines remain unchanged as required by this
chapter. 

(b) (1)  Requires all mediations to be conducted in accordance with state
law and police department rules and guidelines.  Provides that all
communications, records, conduct, and demeanor are confidential.  

(2)  Provides that any communication, oral or written, relevant to the
dispute made between the mediator and the parties involved  or between the
parties involved during the course of the mediation procedure is
confidential and is prohibited from being disclosed unless either all
parties involved consent in writing or the communication is an admission
made directly to the mediator by a party to the dispute of criminal
activity committed by the party making the admission. 

(3)  Provides that any communication, oral or written, relevant to and made
during the course of the mediation procedure is admissible and discoverable
in another separate proceeding only if it is admissible and discoverable
independent of the mediation. Authorizes the issue of confidentiality, if
this subsection conflicts with other legal requirements for disclosure of
communications or materials, to be presented to a court having jurisdiction
over the proceedings 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. 

 (4)  Prohibits a mediator, with exceptions set out in Subdivision (2),
from being required to testify in a proceeding concerning information
relating to or arising out of the mediation. 

(5)  Provides that with the exception set out in Section 2008.053
(Impartial Third Parties), Government Code, as added by Chapter 934, Acts
of the 75th Legislature, Regular Session, 1997, all mediations that are
resolved to a final agreement will be confidential to the extent allowed by
law. 

(c)  Exempts all meetings or other procedures, from the inception through
actual mediation, from the 48-hour or other notice requirements mandated by
this chapter. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.