Expenditures Related to Legal Proceedings
Alternative Dispute Resolution

Governmental Dispute Resolution Act

According to the Governmental Dispute Resolution Act (GDRA), disputes before governmental bodies should be resolved as quickly and fairly as possible. In support of this policy, each governmental body should use alternative dispute resolution procedures when appropriate.

A governmental body may pay for costs necessary to meet the objectives of the GDRA including reasonable fees for training, policy review, system design, evaluation and the use of impartial third parties. To the extent allowed by the General Appropriations Act (GAA), a state agency may use money budgeted for legal services, executive administration or any other appropriate aspect of the agency’s operations to pay for the costs.

A governmental body may contract with another governmental body with an alternative dispute resolution system created under the Civil Practice and Remedies Code, or with a private entity for any service necessary to meet the objectives of the GDRA. This includes the Center for Public Policy Dispute Resolution at The University of Texas School of Law (the Center).

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.

A governmental body may obtain the services of a qualified impartial third party through an agreement with any of the following:

1. The Center for Public Policy Dispute Resolution at the University of Texas,
2. Another governmental body or a federal agency or through a pooling agreement with several governmental bodies, or
3. SOAH

Definitions:

Alternative dispute resolution

Procedures that include a procedure described by Chapter 154, Civil Practice and Remedies Code, and a combination of procedures described by that chapter.

Governmental body (does not include the judiciary)

• A board, commission, department, committee, institution, agency or office within or created by the executive or legislative branch of state government and directed by at least one elected or appointed member.
• A county commissioners court or a municipal governing body in the state.
• A deliberative body with rulemaking or quasi-judicial power that is classified as a department, agency or political subdivision of a county or municipality.
• A school district board of trustees, a county board of school trustees or a county board of education.
• The governing board of a special district.
• A local workforce development board created under Texas Government Code Section 2308.253.
• The governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Texas Tax Code Section 11.30.
• The part, section or portion of an organization, corporation, commission, committee, institution or agency that spends or is supported in whole or in part by public funds.
• A nonprofit corporation eligible to receive funds under the federal community services block grant program and authorized by this state to serve a geographic area of the state. (Texas Government Code Section 552.003(1))

Party

A person or state agency named or admitted as a party. (Texas Government Code Section 2001.003(4))

Person

An individual, partnership, corporation, association, governmental subdivision or public or private organization that is not a state agency. (Texas Government Code Section 2001.003(5))

Public funds

Funds of the state or of a governmental subdivision of the state. (Texas Government Code Section 552.003(5))

State agency

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 an institution of higher education, the State Office of Administrative Hearings and the Attorney General. (Texas Government Code Section 2009.003(3))

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Chapter 151, Civil Practice and Remedies Code

The state may not pay any costs related to a trial under civil or family law matters that are pending in a district court, statutory probate court or statutory county court.

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