COMMISSIONERS' COURT AGENDA REQUEST
^ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Ilse Bailey OFFICE: Bailey, Danford & EmersoA PLLC
MEETING DATE: July 22 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consideration of request for support and funding on behalf
of the Hill Country Alternative Dispute Resolution Center, Inc.
and the Kerr County Bar Association.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
E...IMATED LENGTH OF PRESENTATION:
[F PERSONNEL MATTER -NAME OF EMPLOYEE:
None
Ilse Bailey
15 Minutes
N/A
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
HILL COUNTRY ALTERNATIVE
DISPUTE RESOLUTION CENTER,
INC.
Presentation to the Kerr County
Commissioners Court
July 22, 2002
nv~rxovucrioN Axo suNtl~xY
In 1987, the Texas State Legislature adopted a set
of laws in recognition of the need to provide for a
forum for dispute resolution outside of a courtroom
setting, and a method for funding such forums. In
order to encourage the development of such
institutions, the legislature allowed counties to collect
as a court cost up to $10.00 in each filed civil case,
which would be an amount set aside for use solely in
support of such efforts.
In September, 1997, the Kerr County
Commissioners Court , in accordance with this
legislative enactment, adopted an order permitting
the collection of a $5.00 fee in all civil cases filed in
the Kerr County District and County Courts.
As of the end of June, 2002, this fund contained
$ 70,270.00, for an average collection of
approximately $14,000.00 per year. The fund is
dedicated to use solely for mediation and alternative
dispute resolution practice, and cannot be utilized for
any other purpose.
~---! d )
,~ ~ *%~
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f"
In 1993 a group of local citizens ,including several members
of the Kerr County Bar Association decided to try to set up a
formal entity that would provide low cost alternative dispute
resolution services to people in this community who were not
in a financial position to engage in costly litigation or to hire
professional lawyer/mediators. This group formed a corpora-
tion, the HILL COUNTRY ALTERNATIVE DISPUTE RESOLUTION
CENTER, INC.. This group drew up articles of incorporation that
were approved and filed with the Texas Secretary of State in Oc-
tober, 1993.
After incorporating, the effort essentially died out, and no
further action has been taken since that time to go forward
with the task of creating the Center.
Today's presentation to the Kerr County Commissioners
Court seeks to take up where this effort left off. With the au-
thorization and support of this Court, we believe that affordable
alternative dispute resolution for the Hill Country can become a
reality.
JO
d~o
.F
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'~ i~1
I" r
THE HILL COUNTRY ADR CENTER
The primary reasons that the HILL COUNTRY
ALTERNATIVE DISPUTE RESOLUTION CENTER,
INC., was not able to make ADR a reality in 1993
were time and money.
First, to be successful, the project will require
hundreds of hours of work. The members of the
original board, although committed to the idea
of creating such a center, were not able to dedi-
cate the time needed to establish the center as
an operating entity.
Second, they had no funding source. Without
a physical facility and personnel to recruit and
coordinate volunteer mediators, an ADR facility
will never be more than just a dream. Both of
these matters require money.
In 2002 the Kerr County Bar Association and
the existing board of directors for the corpora-
tion authorized the Bar Association to renew ef-
forts to establish an alternative dispute resolution

~~~
i
~.
~x'+§9
center in the Kerr County area. This time, we have identified
an individual who not only has experience and expertise in
mediation and in fundraising, but who is anxious to take on
the job. The personnel issue has thus been solved for the im-
mediate future. The Kerr County Bar Association, on behalf of
the HILL COUNTRY ALTERNATIVE DISPUTE RESOLUTION
CENTER, INC. now makes this request to the Kerr County Com-
missioners Court for funding, to be paid out of the fund which
this Court has set aside for this purpose. we are proposing,
and for authorization to utilize space in the Kerr County Court-
house for administrative and mediation purposes.
As per the budget set out on p. 7 of this presentation ,the
HILL COUNTRY ALTERNATIVE DISPUTE RESOLUTION CEN-
TER, INC. hereby requests the following from the Kerr County
Commissioners Court:
A grant of $21,200.00, to be paid from the mediation court
costs fund collected by Kerr County. This money would be al-
located as described herein.
1. Authorization for the HILL COUNTRY ALTERNATIVE DIS-
PUTE RESOLUTION CENTER, INC. to utilize space in the Kerr
County Courthouse, specifically in the County Law Library,
for its administrative office and for the Center to utilize avail-
able space in the Kerr County Courthouse to conduct me-
diations. The Center would only utilize such space as was
not being utilized otherwise, and would schedule its usage
in coordination with other courthouse needs.
Upon approval and authorization from this Court for the
funding and space requested, the Board of Directors will put
forth its best efforts to achieve the following during the first
year of its operation:
1. Acquire charitable non-profit corporation tax exempt status
(501 [c][3]) from the IRS;
2. Adopt appropriate bylaws to provide for the continued op-
eration of the Center;
3. Elect a new Board of Directors who will be responsible for
and actively involved with he operation of the Center and for
the supervision and direction of the Center's budget and
staff;
4. In conjunction with the Center's staff, draft and approve op-
erational rules that will ensure that the services of the Center
are available on an equitable basis to all citizens within our
service area.
The existing Board of Directors of the Hill Country Alternative
Dispute Resolution Center, Inc., has reviewed this proposal and
has endorsed it.
ADR/MEDIATION CENTER
BUDGET
2002-2003 PROJECT BUDGET
EXPENSE CATEGORY	COUNTY FUNDS	$ OTHER SOURCES
Personnel	$16,000.00	$16,000.00
Once Expenses	$1,000.00	$1,000.00
Travel	$500.00	$500.00
Supplies and Material	$1,200.00	$1,200.00
Equipment	$2,500.00	
Other(		
Column Totals	$21,200.00	$18,700.00
FUNDS REQUESTED FROM COUNTY $21,200.00
TOTAL'OZ-'03 PROJECT BUDGET $39,900.00

Item 2.c1~~I Presentation by the Local Bar Association to
' solicit qhe Court to approve an additional filing fee of
(10.00, per Section 152.004 Civil Practices d Remedies Catle,
I to help establish and maintin an alternative dispute
resaluti In system. (Christopher Jackson/David Jackson)
ORDER N0. 23310
' I
APPf~OVRL OF ADDITIONAL FILING FEE OF X10.00
PER SECTION 152.004 CIVIL PRRCTTCE d REMEDIES CODE
TO HELP E$TASLISH ANA MAINTAIN AN ALTERNATIVE
DISPUTE RESOLUTION SYSTEM
i
On this the 13th day of May 1996, upon motion made by
i
Judge Dehson, seconded by Commissioner Lehman, the Court
i
' unaniwou~sly approved by a vote of 5-0-0, to approve the
additional filing fee of s10.00, per Section 152,R~04 Civil
' I
Practice & Remedies Code, to help establish and maintain an
alternatjive dispute resolution system effective immediately.
I I
Item 2.~9 Consider and discuss Inter-local Cooperation
Rgreemertt with LCRR regarding County Park Development.
(County~Judge)
ORDER N0. 23311
RP~ROVAL OF INTERLOCAL COOPERATIVE AGREEMENT
WI~H LCRA REGRRDING COUNTY PRRK DEVELOPMENT
i
On thisithe 13th day of May 1996, upon motion made by
Commissioner Oehler, seconded by Commissioner Holekamp, the
Court unanimously approved by a vote of 5-0-0, to approve the
I
Interlo~al Cooperation Agreement with LCRA regarding County
Park Development.
I
~ INTERLOGAL COOPERATION CONTRACT
I
THE STATE OF TEXAS
~; KERR COUNTY
•„t
I~.c., THIS CONTRACT AND RGREEMENT (hereinafter, "Agreement"> is
)F~;',`; entered into by and between Kerr County (hereinafter,
~' "County">, with its principal office located at the County
Courthouse, 700 Main Street, Kerr County, Texas, and the
Lower Colorado River Authority (hereinafter "LCRA"), a
TOTAL P. 01
;i~,
j~~; § 151.012 CIVIL PRACTICE & REMEDIES CODE
~ Title 7
~~ 1 ' § 151.012. New Trial
~It If the special judge does not submit the verdict within the time period
i - provided by Section 151.0] I, the court may grant a new trial if:
jyj ~ (I) a party files a motion requesting the new trial;
. ~a~ (2) notice is given to all parties stating the time and place [hat a hearing
~{; will be held on the motion; and
;~ (3) the hearing is held.
t Added by Acts 1987, 70th Leg., ch. 167, § 3.16(x), cff. Sept. 1, 1987
~k1r;IF~°~ § 151.013. Right to Appeal
,a; The right to appeal is preserved. An appeal is from the order of the district
court as provided by the Texas Rules of Civil Procedure.
d Added by Acts 1987, 70th Leg., ch. 167, § 3. I6(a), cff. Sept. I, 1987
,~ r1o9ll~ CHAPTER 152. ALTERNATIVE DISPUTE RESOLUTION
~~li1~NP SYSTEM ESTABLISHED BY COUNTIES
~~II~Iy Section
~=, * ,k; 152.001. Definition.
Ik'~~'~ 152.002. Establishment.
;.~ 152.003. Referral of Cases.
a,. 152.004. Financing.
--,' ,t~,~,gtl~ 152.005. Additional Fee for Certain Counties.
§ 152.001. Definition
t ~ ~ In this chapter, "alternative dispute resolution system" means an informal
tA'i'~~f forum in which mediation, conciliation, or arbitration is used to resolve
~~ ~'~~ disputes among individuals, including those having an ongoing relationship
~~ such as relatives, neighbors, landlords and tenants, employees and employers,
~.r". .
u ~ : and merchants and consumers.
" h:
cb;: ~ Added by Acu 1987, 70th Leg., ch. 167, § 3.16(a), eff. Sept. I, 1987.
`_ n § 152.002. Establishment
u~~,.
V (a) The commissioners court of a county by order may establish an al[erna-
i.i,: live dispute resolution system for the peaceable and expeditious resolution of
r;, ,
citizen disputes.
~} (b) The commissioners court may do all necessary acts to make the alterna-
`,'.
i`"' live dispute resolution system effective, including:
,~e~, , (1) contracting with a private nonprofit corporation, a political subdivt
y lion, a public corporation, or a combination of these entities for the purpose
i;;,~ ,
of administering the system;
,y~, ,. (2) making reasonable rules relating to the system; and
,?aR4 (3) vesting management o[ the system in a committee selected by the
'+~ county bar association.
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ALTERNATE METHODS OF RESOLUTION § 152.004
~; Ch. 152
(c) The actions of a committee authorized by Subsection (b)(3) are subject to
`~ the approval of the commissioners court.
Added by Acts 1987, 70th Leg., ch. 167, § 3.16(a), cfF. Sept. 1, 1987.
§ 152.003. Referral of Cases
A judge of a district court, county court, statutory county court, probate
t
~f' court, or justice of the peace court in a county in which an alternative dispute
resolution system has been established may, on motion of a party or on the
judge's or justice's own motion, refer a case to the system. Referral under this
section does not prejudice the case.
Added by Acts 1987, 70th Leg., ch. 167, § 3.16(a), eFF. Sept. I, 1987. Amended by Acts !!!i
- 1999, 76th Leg., ch. 509, § !, eff. Sept. I, 1999.
Section 4 of Acts 1999, 76th Leg., ch. 509 that elate. An action commenced before the
provides: effective date of this Acl is governed by the law
t applicable to the action immediately before the I
"This Act takes effect September t, ! 999, and effective date of this Act, and that law is contin-
appiies only to an action commenced on or alter ued in effect for that purpose."
§ 152.004. Flnancing
(a) To establish and maintain an alternative dispute resolution system, the
commissioners court may set a court cost in an amount not to exceed $]0 to be ,
taxed, collected, and paid as other court costs in each civil case filed in a
county or district court in the county, including a civil case relating to probate
matters but not including: p
I 4 (1) a suit for delinquent taxes; ~li
(2) a condemnation proceeding wider Chapter 21, Property Code; or
(3) a proceeding under Subtitle C, Title 7, Health attd SaFety Code.
(b) The county is not liable For the payment of a court cost under this section.
(c) The clerks of the courts in the county shall collect and pay the costs to the ,tt``
county treasurer or, if the county does not have a treasurer, to the county
officer who performs the Functions of the treasurer, who shall deposit the costs
in a separate fund known as the alternative dispute resolution system fund.
' The fund shall be administered by the commissioners court and may only be
used to establish and maintain the system. The system shall be operated at one
or more convenient and accessible places in the county.
I Added by Acts 1987, 70th Leg., ch. I67, § 3, 16(a), eff. Sept. I, 1987. Amended by Acts
1989, 71st Leg., ch. 2, § 4.07(a), eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 509, § 2,
eff. Sept. 1, 1999.
Section 2 of Acts 1987. 70th Leg., ch. 22,
provides:
"This Act takes effect September I, 1987, and
applies to court costs for civil cases fm• which
the original petition is filed on or after that date.
Coon costs (or a civil case for which the orig6
nal petition was filed before the effective date of
this Act..are covered by Subsection (a), Section
2, Chapter 26, Acts of the 6816 Legislature,
Regular Session, 19g3 (Article 2372aa, Vernon's
Texas Civil Slawles), as it ezisled on the dale
the case was filed, and that law is continued in
effect for that purpose."
Section 4 0[ Acts 1999, 761h Leg., ch. 504
pi uvides:
"This Act lakes effect September I, 1999, and
applies only to an action commenced on or after
35]


§ 152.004 CIVIL PRACTICE & REMEDIES CODE
~ Title 7
that date. An action commenced before the elfective date of this Act, and that law is contin-
effective date of this Act is governed by the law uad in effect for that purpose."
~ applicable to the action immediately before the
	§ 152.005. Additional Fee For Certain Counties
?	(a) To establish and maintain an alternative dispute resolution system, the
	commissioners court of a county with a population of 2.5 million or more may,
	in addition to the court cost authorized under Section 152.004, set a court cost
	in an amount not to exceed $3 for civil cases filed in a justice court located in
	the county, but not including:
i~PM1~	(1) a suit for delinquent taxes; or
	(2) an eviction proceeding, including a forcible detainer, a forcible entry
	and detainer, or a writ of re-entry.
	(b) A clerk of the court shall collect and pay the court cost in the manner
it	prescribed by Section 152.004(c).
~M~	
	Added b Acts 1999, 76th Le
y g., ch. 509, § 3, efF. Sept. 1, 1999.
ply,
i';ipi~'	Section 4 of Acts 1999, 76th Leg., ch. 509 that date. An action commenced before the
,. ~	provides: effective date of this Act is governed by the law
r
lAl1Y~'	applicable to the action immediately before the
"This Act takes effect September I, 1999, and affective date of this Act, and that law is comin-
	applies only to an action commenced on or after ued in effect for that purpose."
[Chapter 153 reserved for expansion]
'I' i' CHAPTER 154. ALTERNATIVE DISPUTE
Ilj~l~ RESOLUTION PROCEDURES
u~~ SUBCHAPTER A. GENERAL PROVISIONS
Section
154.001. Definitions.
] 54.002. Policy.
154.003. Responsibility of Courts and Court Administrators.
[Sections 154.004 to 154.020 reserved for expansion]
SUBCHAPTER B. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
154.021. Referral of Pending Disputes for Alternative Dispute Resolution Procedure.
154.022. Notification and Objection.
154.023. Mediation.
154.024. Mini-Trial.
154.025. Moderated Settlement Conference.
154.026. Summary Jury Trial.
]54.027. Arbitration.
[Sections 154.028 to 154.050 reserved for expansion]
SUBCHAPTER C. IMPARTIAL THIRD PARTIES
j j: 154.051.	Appointment of Impartial Third Parties.
154.052.	Qualifica[igns of Impartial Third Party.
154.053.	Standards and Duties of Impartial Third Parties.
154.054.	Compensation of Impartial Third Parties.
	352
~.
§ 154.021
CML PRACTICE & REMEDIES CODE
Title 7
(2) a dispute resolution organization; or
(3) a nonjudicial and informally conducted forum for the voluntary settle-
ment of citizens' disputes through the intervention of an impartial third
party, including those alternative dispute resolution procedures described
under this subchapter.
(b) The court shall confer with the parties in the determination of the most
appropriate alternative dispute resolution procedure.
Added by Acts 1987, 70th Leg., ch. 1121, § I, eFF. June 20, 19$7.
t Repealed; see now, V.T. C.A., Civil Practice and Remedies Code § 152.001 et seq.
§ 154.022. Notification and Objection
(a) If a court determines that a pending dispute is appropriate for referral
under Section ]54.021, the court shall notify the parties of its determination.
(b) Any party may, within !0 days after receiving the notice under Subsection
(a), file a written objection to the referral.
(c) If the court finds that there is a reasonable basis for an objection filed
under Subsection (b), the court may not refer the dispute under Section
154.021.
Added by Acts 1987, 70th Leg., ch. I IZI, § 1, eff. June 20, 1987
§ 154.023. Mediatton
(a) Mediation is a forum in which an impartial person, the mediator, facili-
tates communication between parties to promote reconciliation, settlement, or
understanding among them.
(b) A mediator may not impose his own judgment on the issues for that of the
parties.
Added by Acts 1987, 70th Leg., ch. t 121, § 1, eff. June 20, 1987.
§ 154.024. Mlnl-Trial
(a) A mini-trial is conducted under an agreement of the parties.
(b) Each party and counsel for the party present the position of the party,
either before selected representatives for each party or before an impartial third
party, to define the issues and develop a basis For realistic settlement negotia-
tions.
(c) The impartial third party may issue an advisory opinion regarding [he
merits of the case.
(d) The advisory opinion is not binding on the parties unless the parties agree
that it is binding and enter into a written settlement agreement.
Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, ] 987.
354
ALTERNATE METHODS OF RESOLUTION § 154.051
Ch. 154
§ 154.025. Moderated Settlement Conference
(a) A moderated settlement conference is a forum for case evaluation and
realistic settlement negotiations.
(b) Each party and counsel For the party present the position of the party
before a panel of impartial third parties.
(c) The panel may issue an advisory opinion regarding the liability or
damages of the parties or both.
(d) The advisory opinion is not binding on the parties.
Added by Acts 1987, 70th Leg., ch. 1121, § I, eff. June 20, 1987.
§ 154.026. Summary Jury Trial
{a) A summary jury trial is a Forum for early case evaluation and develop-
ment of realistic settlement negotiations.
(b) Each party and counsel for the party present the position of the parry
before a panel of jurors.
(c) The number of jurors on the panel is six unless the parties agree
otherwise.
(d) The panel may issue an advisory opinion regarding the liability or
damages of the parties or both.
(e) The advisory opinion is not binding on the parties.
Added by Ac[s 1987, 70th Leg., ch. 1121, § I, eff, June 20, 1987.
§ 154.027. Arbitration
(a) Nonbinding arbitration is a forum in which each party and counsel for
the party present the position of the party before an impartial third party, who
renders a specific award.
(b) If the patties stipulate in advance, the award is binding and is enforce-
able in the same manner as any contract obligation. If the parties do not
stipulate in advance that the award is binding, the award is not binding and
serves only as a basis for the parties' further settlement negotiations.
Added by Acts 1987. 70th Leg., ch. 1121, § I, eff. June 20, 1987.
[Sections ] 54.028 to ] 54.050 reserved for expansion]
SUBCHAPTER C. IMPARTIAL THIRD PARTIES
§ 154.051. Appointmegt of Impartial Third Parties
(a) IF a court refers a pending dispute for resolution by an alternative dispute
resolution procedure under Section 154.021, the court may appoint an impar-
tial third party to facilitate the procedure.
(b) The court may appoint a third party who is agreed on by the parties iF the
person qualifies for appointment under this subchapter.
355
;i
K
.IF.
§ 154.051
CIVIL PRACTICE & REMEDIES CODE
Title 7
(c) The court may appoint more than one third parry under this section.

N~
+I:
Added by Acts 1987, 701h Leg., ch. 1121, § I, efF. June 20, 1987.
§ 154.052. Qualifications of Impartial Third Party
(a) Except as provided by Subsections (b) and (c), to qualify for an app~int-
ment as an impartial third party under this subchapter a person must have
completed a minimum of 40 classroan hours of training in dispute resolution
techniques in a course conducted by an alternative dispute resolution system or
other dispute resolution organization approved by the court making the ap-
pointment.
(b) To qualify for an appoinunent as an impartial third party under this
subchapter in a dispute relating to the parent-child relationship, a person must
complete the training required by Subsection (a) and an additional 24 hours of
training in the fields of Family dynamics, child development, and family law.
(c) In appropriate circumstances, a court may in its discretion appoint a
person as an impartial third party who does nor qualify under Subsection (a) or
(b) if the court bases its appointment on legal or other professional training or
experience in particular dispute resolution processes.
Added by Acts 1987, 70th Leg., ch. 1121. § I, eff. June 20, 1967.
1$4.053, Standards and Dulles of Impartial Third Parties
(a) A person appointed to facilitate an alternative dispute resolution proce-
dure under this subchapter shall encourage and assist the parties in reaching a
settlement of their dispute but may not compel or coerce the parties to enter
into a settlement agreement.
(b) Unless expressly authorized by the disclosing party, the impartial third
party may not disclox to either party information given in confidence by tha
other and shall at all limos maintain confidentiality with respect to comnx+nica-
tions relating to the subject matter of the dispute.
(c) Unless the parties agree otherwise, all matters, including the conduct and
demeanor of the parties and their counsel during the settlement process, arc
confidential and may never be disclosed to anyone, including the appointing
court.
(d) Each participant, including the impartial third party, to an alternative
dispute resolution procedure is subject to the requirements of Subchapter B,
Chapter 261, Family Code, and Subchapter C, Chapter 48, Human Resources
Code.
Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987. Amended by Acts
1999, 76th Leg., ch. 1150, § 29, eff. Sept. I, 1999.
§ 154.054. Compensation of Impartial Third Par[les
(a) The court may set a reasonable fee for the services of an impartial third
party appointed under this subchapter.
35b
ALTE2.AAIG AtL1'HODS OF RESEJLOTION § 154,072
C'h. 154
(b) Unless the parties agree to a method of payment, the court shall tax the
Eee for the services of an impartiai third party as other costs of suit.
Added by Acts 1937, 70th Leg., ch I R I, § 1, eEE. Lune 20. 1987.
§ 1$4.05$. Qualified Immunity of Impartial Third Parties
(a) A person appointed to facilitate an alternative dispute resolution proce-
dure under [his subchapter or under Chapter 152 relating to an alternative
dispute resolution system established by counties, or appointed by the parties
whether before or after the institution of formal judicial proceedings, who is a
volunteer and who does not act with wanton and wilful disregard of the rights,
safety, or property of another, is immune from civil liability for any act or
omission within the course and scope of his or her duties or Functions as an
impartial third party. For purposes of this section, a volunteer impartial third
party is a person who does not receive compensation in excess of reimburse-
ment For expenses incurred or a stipend intended as reimbursement For ex-
pensesincurred.
(b) This section neither applies to nor is it intended to enlarge or diminish
any rights or immunities enjoyed by an arbitrator participating in a binding
arbitration pursuant to any applicable statute or treaty.
Added by Acts 1993, 73rd Leg., ch. 875, § I, eff. Sept. 1, 1993,
Section 2 oI the 1993 Act provides:
'"This Act takes effect September I, 1993, and
applies to alt acts or omissions alleged against
an impania! third parry occurring in connection
with an alternative dispute resolution proceed-

ing on or after that date. Causes for which the
original petition was filed before the effective
date of this Acl are covered 6y the law as it
existed on the date the case was filed, and that ly
law is continued in effect (or that purpose."
[Sections 154.056 to 154.070 reserved for expansion]
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
§ 154.071. Effect of Written Settlement Agreement
(a) IF the parties reach a settlement and execute a written agreement dispos-
ing of the dispute, the agreement is enforceable in the same manner as any
other written contract.
(b) The court in its discretion may incorporate the terms of the agreement in
the coup's final decree disposing oC the case.
(c) A settlement agreement does not affect an outstanding court order unless
the terms of the agreement are incorporated into a subsequent decree.
Added by Acts 1987, 70th Leg., ch. 1121, § I, eff, June 20, 1987
§ 154.072. Staklstlcal Information on Aisputes Referred
The Texas Supreme Court shall determine the need and method for statistical
reporting of disputes referred by the courts to alternative dispute resolution
procedures.
Added by Acts 1987, 70th Leg., ch. 1121, § 1, eff. June 20, 1987.
357
,.
;Ip.
VIII""'" -
L § 154.073 CIV1L PRACTICE & REMEDIES CODE
Title 7
§ 154.073. Confiden[fality of Certain Records And Communications
(a) Except as provided by Subsections (c), (d), and (c), a communication
relating to the subject matter of any civil or criminal dispute made by a
participant in an alternative dispute resolution procedure, whether before or
j after the institution of formal judicial proceedings, is confidential, is not subject
to disclosure, and may not be used as evidence against the participant in any
judicial or adminisu'ative proceeding.
j (b) Any record made a[ an alternative dispute resolution procedure is conli-
dential, and the participants or the third party facilitating the procedure may
~Il~l.yµr not be required to testify in any proceedings relating to or arising out of the
matter in dispute or be subject to process requiring disclosure of confidential
information or data relating to or arising out of the maucr in dispute.
(c) An oral communication or written material used in or made a pan of an
INIO alternative dispute resolution procedure is admissible or discoverable if it is
~t„u„ ~{{ admissible or discoverable independent of the procedure.
(d) A final written agreement to which a governmental body, as defined by
~~; Section 552.003, Government Codc, is a signatory that is reached as a result of
a dispute resolution procedure conducted under this chapter is subject to or
~ excepted from required disclosure in accordance with Chapter 552, Govern-
ment Code.
Wt' Text of subsec. (eJ as added by Acts J999, 76th Leg., ch. J150, § 30
(e) This section does not affect the duty to report abuse or neglect under
~~li Subchapter B, Chapter 261, Family Code, and abuse, exploitation, or neglect
!~ under Subchapter C, Chapter 48, Human Resources Code.
'' Text of subsec. (e) us relettered mtd amended
,t;. by Acts 1999, 76th Leg., ch. J352, § 6
(e) If this section conflicts with other legal requirements for disclosure of
communications, records, or materials, the issue of confidentiality may be
presented to the court having jurisdiction of 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.
Added by Acts 1987, 70th Leg., ch. 1121, § I, eff. June 20, 1987. Amended by Acts
1999, 76th Leg., ch. 1150, § 30, efL Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1352, § 6.
eff. Sept. 1, 1999.
CHAPTER 155. SETTLEMENT WEEKS
Section
155.001. Settlement Weeks.
155.002. Committee.
155.003. Mediator.
155.004. Application of Alternate Dispute Resolution Procedures.
155.005. Authority to Make Orders.
155.006. Funding and Public Awareness.
358