CHAPTER 2009. ALTERNATIVE DISPUTE RESOLUTION FOR USE BY GOVERNMENTAL BODIES

State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2009-alternative-dispute-resolution-for-use-by-governmental-bodies

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE

CHAPTER 2009. ALTERNATIVE DISPUTE RESOLUTION FOR USE BY

GOVERNMENTAL BODIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2009.001. SHORT TITLE. This chapter may be cited as the

Governmental Dispute Resolution Act.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.001 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.001 by Acts 1999, 76th Leg., ch.

1352, Sec. 5, eff. Sept. 1, 1999.

Sec. 2009.002. POLICY. It is the policy of this state that

disputes before governmental bodies be resolved as fairly and

expeditiously as possible and that each governmental body support

this policy by developing and using alternative dispute

resolution procedures in appropriate aspects of the governmental

body's operations and programs.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.002 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.002 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.

Sec. 2009.003. DEFINITIONS. In this chapter:

(1) "Alternative dispute resolution procedure" includes:

(A) a procedure described by Chapter 154, Civil Practice and

Remedies Code; and

(B) a combination of the procedures described by Chapter 154,

Civil Practice and Remedies Code.

(2) "Governmental body" has the meaning assigned by Section

552.003.

(3) "State agency" means an officer, board, commission,

department, or other agency in the executive branch of state

government with statewide jurisdiction that makes rules or

determines contested cases. The term includes:

(A) the attorney general;

(B) an institution of higher education as defined by Section

61.003, Education Code; and

(4) The following terms have the meanings assigned by Section

2001.003:

(A) "contested case";

(B) "party";

(D) "rule."

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.003 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.003 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.

Sec. 2009.004. CONTRACTS; BUDGETING FOR COSTS. (a) A

governmental body may pay for costs necessary to meet the

objectives of this chapter, including reasonable fees for

training, policy review, system design, evaluation, and the use

of impartial third parties.

(b) To the extent allowed by the General Appropriations Act, a

state agency may use money budgeted for legal services, executive

administration, or any other appropriate aspect of the state

agency's operations to pay for costs incurred under Subsection

(a).

body, including the Center for Public Policy Dispute Resolution

at The University of Texas School of Law, with an alternative

dispute resolution system created under Chapter 152, Civil

Practice and Remedies Code, or with a private entity for any

service necessary to meet the objectives of this chapter.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.004 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.004 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.

Sec. 2009.005. SOVEREIGN IMMUNITY. (a) This chapter does not

waive immunity from suit and does not affect a waiver of immunity

from suit contained in other law.

(b) The state's sovereign immunity under the Eleventh Amendment

to the United States Constitution is not waived by this chapter.

method of alternative dispute resolution.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.005 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.005 by Acts 1999, 76th Leg., ch.

1352, Sec. 5, eff. Sept. 1, 1999.

SUBCHAPTER B. ALTERNATIVE DISPUTE RESOLUTION

Sec. 2009.051. DEVELOPMENT AND USE OF PROCEDURES. (a) Each

governmental body may develop and use alternative dispute

resolution procedures. Alternative dispute resolution procedures

developed and used by a governmental body must be consistent with

Chapter 154, Civil Practice and Remedies Code.

(b) Alternative dispute resolution procedures developed and used

by a state agency also must be consistent with the administrative

procedure law, Chapter 2001. The State Office of Administrative

Hearings may issue model guidelines for the use of alternative

dispute resolution procedures by state agencies.

alternative dispute resolution procedure, it may do so by rule.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.051 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.051 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.

Sec. 2009.052. SUPPLEMENTAL NATURE OF PROCEDURES. (a)

Alternative dispute resolution procedures developed and used

under this chapter supplement and do not limit other dispute

resolution procedures available for use by a governmental body.

(b) This chapter may not be applied in a manner that denies a

person a right granted under other state or federal law or under

a local charter, ordinance, or other similar provision, including

a right to an administrative or judicial hearing.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.052 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.052 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.

Sec. 2009.053. IMPARTIAL THIRD PARTIES. (a) A governmental

body may appoint a governmental officer or employee or a private

individual to serve as an impartial third party in an alternative

dispute resolution procedure. The governmental body's appointment

of the impartial third party is subject to the approval of the

parties, except:

(1) that when a State Office of Administrative Hearings

administrative law judge has issued an order referring a case

involving a state agency to an alternative dispute resolution

procedure under Section 2003.042(a)(5), the administrative law

judge may appoint the impartial third party for the parties if

they cannot agree on an impartial third party within a reasonable

period; or

(2) for a victim-offender mediation by the Texas Department of

Criminal Justice as described in Article 56.13, Code of Criminal

Procedure.

(b) A governmental body also may obtain the services of a

qualified impartial third party through an agreement with the

Center for Public Policy Dispute Resolution at The University of

Texas School of Law, an alternative dispute resolution system

created under Chapter 152, Civil Practice and Remedies Code,

another governmental body, or a federal agency or through a

pooling agreement with several governmental bodies. The

agreements may provide that the using governmental body or the

parties will reimburse the furnishing entity, in kind or

monetarily, for the full or partial cost of providing the

qualified impartial third party.

third party through an agreement with the State Office of

Administrative Hearings.

(d) The impartial third party must possess the qualifications

required under Section 154.052, Civil Practice and Remedies Code.

The impartial third party is subject to the standards and duties

prescribed by Section 154.053, Civil Practice and Remedies Code,

and has the qualified immunity prescribed by Section 154.055,

Civil Practice and Remedies Code, if applicable.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.053 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.053 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999. Amended by Acts 2001,

77th Leg., ch. 1034, Sec. 11, eff. Sept. 1, 2001.

Sec. 2009.054. CONFIDENTIALITY OF CERTAIN RECORDS AND

COMMUNICATIONS. (a) Sections 154.053 and 154.073, Civil

Practice and Remedies Code, apply to the communications, records,

conduct, and demeanor of the impartial third party and the

parties.

(b) Notwithstanding Section 154.073(e), Civil Practice and

Remedies Code:

(1) a communication relevant to the dispute, and a record of the

communication, made between an impartial third party and the

parties to the dispute or between the parties to the dispute

during the course of an alternative dispute resolution procedure

are confidential and may not be disclosed unless all parties to

the dispute consent to the disclosure; and

(2) the notes of an impartial third party are confidential

except to the extent that the notes consist of a record of a

communication with a party and all parties have consented to

disclosure in accordance with Subdivision (1).

agreement to which a governmental body is a signatory that is

reached as a result of a dispute resolution procedure conducted

under this chapter. Information in the final written agreement is

subject to required disclosure, is excepted from required

disclosure, or is confidential in accordance with Chapter 552 and

other law.

(d) An impartial third party may not be required to testify in

any proceedings relating to or arising out of the matter in

dispute.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.054 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.054 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.

Sec. 2009.055. SHARING OF INFORMATION; CONSISTENCY OF

PROCEDURES. (a) A governmental body may share the results of

its alternative dispute resolution program with other

governmental bodies and with the Center for Public Policy Dispute

Resolution at The University of Texas School of Law. The center

may collect and analyze the information and report its

conclusions and useful information to governmental bodies and the

legislature.

(b) Governmental bodies should, to the extent feasible given

differences in their purpose, jurisdiction, and constituency,

adopt policies and procedures for alternative dispute resolution

that are consistent with the policies and procedures of other

governmental bodies.

Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1,

1997. Renumbered from Government Code Sec. 2008.055 by Acts 1999,

76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999. Renumbered

from Government Code Sec. 2008.055 and amended by Acts 1999, 76th

Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.

State Codes and Statutes

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