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
(C) the State Office of Administrative Hearings.
(4) The following terms have the meanings assigned by Section
2001.003:
(A) "contested case";
(B) "party";
(C) "person"; and
(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).
(c) A governmental body may contract with another governmental
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.
(c) Nothing in this chapter authorizes binding arbitration as a
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.
(c) If a state agency that is subject to Chapter 2001 adopts an
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.
(c) A state agency may also obtain the services of a qualified
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).
(c) Subsection (b)(1) does not apply to a final written
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.