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.