31 TAC §§51.200 - 51.225
The Texas Parks and Wildlife Commission adopts new §§51.200-51.225,
concerning dispute resolution, without changes to the proposed text as published
in the July 28, 2000, issue of the
Texas Register
(25 TexReg 7113).
The new rules are necessary to provide guidelines for the negotiation and
mediation of a claim of breach of contract asserted by a contractor against
Texas Parks and Wildlife Department under Government Code, Chapter 2260 when
none are so mandated by state or federal law.
New §51.200, concerning Applicability, identifies the situations and
instances in which the rules would be applicable. New §51.201, concerning
Definitions, assigns meanings to words and phrases used in the subchapter.
New §51.202, concerning Prerequisites to Suit, establishes the provisions
of the subchapter as requirements for actions under other statutes. New §51.203,
concerning Sovereign Immunity, affirms the department's sovereign immunity
to suit and liability. New §51.204, concerning Notice of Claim of Breach
of Contract, sets forth the contents of the notice required to be filed to
claim breach of contract. New §51.205, concerning Agency Counterclaim,
sets forth the contents of the notice required to be filed by the agency in
a counterclaim. New §51.206, concerning Request for Voluntary Disclosure
of Additional Information, provides for the availability of various types
of information among parties to a claim or counterclaim. New §51.207,
concerning Duty to Negotiate, establishes an obligation by parties to attempt
to resolve claims and counterclaims. New §51.208, concerning Timetable,
provides a chronology for the negotiations process. New §51.209, concerning
Conduct of Negotiation, describes the protocol for the negotiations process.
New §51.210, concerning Settlement Approval Procedures, provides for
disclosure of the procedures for settlement prior to negotiations. New §51.211,
concerning Settlement Agreement, defines the parameters of settlements. New §51.212,
concerning Costs of Negotiation, specifies that each party is responsible
for its own costs for negotiation, unless otherwise provided for by mutual
agreement. New §51.213, concerning Request for Contested Case Hearing,
provides a mechanism for obtaining a contested case hearing in the event that
negotiations fail to resolve a claim. New §51.214, concerning Mediation
Timetable, establishes a chronology for mediation of a dispute. New §51.215,
concerning Conduct of Mediation, prescribes the conditions and process of
mediation. New §51.216, concerning Agreement to Mediate, provides for
mediation as option provided for at the time a contract is entered into, and
prescribes potential mediators and the timeframe for the process. New §51.217,
concerning Qualifications and Immunity of the Mediator, prescribes the legal
requirements and protections for persons performing mediation. New §51.218,
concerning Confidentiality of Mediation and Final Settlement Agreement, provides
for the privacy of privileged information under a claim settlement. New 51.219,
concerning Costs of Mediation, stipulates that each party to a mediation is
responsible for its own costs, unless a previous agreement provides otherwise.
New 51.220, concerning Settlement Procedures, stipulates the disclosure of
settlement procedures prior to mediation. New 51.221, concerning Initial Settlement
Agreement, establishes the obligations of parties under an initial settlement
agreement. New 51.222, concerning Final Settlement Agreement, establishes
the obligations of parties under a final settlement agreement. New 51.223,
concerning Referral to the State Office of Administrative Hearings, provides
a mechanism for referral to the State Office of Administrative Hearings in
the event that mediation does not result in settlement of a claim. New 51.224,
concerning Assisted Negotiation Process, allows for assisted negotiation in
addition to negotiation and mediation. New 51.225, concerning Alternative
Dispute Resolution, allows for alternative dispute resolution in addition
to assisted negotiation, negotiation, and mediation.
The department received no comments concerning adoption of the proposed
rules.
The new rules are adopted under the authority of Government Code, §2260.052(c),
which requires each unit of state government with rulemaking authority to
develop rules to govern the negotiation and mediation of contract claims against
the state, and Parks and Wildlife Code §11.0171, which requires the commission
to adopt by rule policies and procedures for soliciting and awarding contracts.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100206
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: January 30, 2001
Proposal publication date: July 28, 2000
For further information, please call: (512) 389-4775