80R2659 ABC-F
	By: Wentworth	S.B. No. 160

	A BILL TO BE ENTITLED
	AN ACT
	relating to the confidentiality of certain communications
	involving an ombudsman program established by an employer as an
	alternative dispute resolution service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 7, Civil Practice and Remedies Code, is
	amended by adding Chapter 160 to read as follows:
	CHAPTER 160. OMBUDSMAN PROGRAM ESTABLISHED BY EMPLOYER
	Sec. 160.001.  DEFINITIONS. In this chapter:
	(1)  "Employee" means a person employed by an employer.
	(2)  "Employer" means a person who employs at least one
	employee. The term does not include a state agency, political
	subdivision, or other public entity or instrumentality.
	(3)  "Investigation" means an inquiry conducted for an
	employer, the purpose of which is to make an official factual
	determination or an official disposition or decision.
	Sec. 160.002.  ESTABLISHMENT OF OMBUDSMAN PROGRAM. (a)  An
	employer may establish an ombudsman program to provide an
	alternative dispute resolution service.  The program may provide
	information, facilitation, mediation, and conciliation guidance
	and assistance to:
	(1)  help employees resolve workplace disputes; and
	(2)  permit employees and other persons who interact
	with employees to have confidential communications on issues of
	concern or conflict, including allegations of organizational
	misconduct.
	(b)  An ombudsman program established under this chapter by
	an employer:
	(1)  must be neutral and functionally independent from
	any other program administered by the employer;
	(2)  may not have the authority to make managerial
	decisions with regard to any issue brought to the program;
	(3)  may not be responsible for any essential business
	function of the employer, including operations, compliance, human
	resources, or equal employment opportunity;
	(4)  may not be staffed by employees who hold other
	positions with responsibility for any essential business function
	of the employer, including operations, compliance, human
	resources, or equal employment opportunity;
	(5)  may be staffed by employees of the employer but not
	by an officer or director of the employer; and
	(6)  must have direct access to the employer's senior
	management.
	(c)  An ombudsman program may not have authority to receive
	notice of claims against the employer.
	(d)  An ombudsman program may not have authority to conduct a
	formal investigation for the employer.
	(e)  An ombudsman program and the employer establishing the
	program shall adequately publicize the existence of the program and
	inform employees that communications with the program are
	confidential.
	(f)  An employer that establishes an ombudsman program under
	this chapter shall ensure that the program has procedures and
	facilities adequate to permit private access to the program's
	office and to preserve confidential communications. The program
	shall adhere to generally accepted standards for organizational
	ombudsman programs to preserve confidentiality of communications.
	Sec. 160.003.  CONFIDENTIALITY PROVISIONS. (a)  This
	section applies only to an ombudsman program that meets the
	requirements of Section 160.002.
	(b)  The following oral and written communications are
	confidential, privileged, not subject to discovery, and may not be
	used as evidence in any judicial or administrative proceeding:
	(1)  communications between a staff member of the
	program and an employee or other person for the purpose of assisting
	with the informal and expeditious resolution of a concern or
	complaint; and
	(2)  communications between staff members of the
	program for the purpose of assisting with the informal and
	expeditious resolution of a concern or complaint.
	(c)  Notwithstanding Subsection (b), a staff member of an
	ombudsman program may voluntarily disclose confidential
	information if the staff member determines that disclosure is
	necessary to prevent an imminent threat of serious harm.
	(d)  Information discovered or disclosed in violation of
	this chapter is not admissible as evidence in any proceeding or for
	any other purpose.
	Sec. 160.004.  APPLICATION OF OTHER LAW. The
	confidentiality provisions of this chapter are in addition to any
	privilege or protection under statutory or common law, including
	Section 154.073, the attorney-client privilege, and the attorney
	work product privilege.
	Sec. 160.005.  ADMISSIBILITY OF OTHER INFORMATION. This
	chapter does not prevent:
	(1)  the discovery or admissibility of information that
	is otherwise discoverable;
	(2)  the disclosure of information for research or
	educational purposes in connection with a training or educational
	program of an ombudsman program if the identity of the parties and
	the specific issues from the confidential communication are not
	identifiable; or
	(3)  the preparation and disclosure of statistical
	summary reports organized by category of the issues presented if
	the summary is based on a sufficiently large number of issues so
	that the identity of the parties and the specific issues from the
	confidential communication are not identifiable.
	SECTION 2.  The change in law made by this Act with regard to
	the confidentiality of communications applies only to a suit or
	administrative proceeding commenced on or after the effective date
	of this Act. A suit or administrative proceeding commenced before
	the effective date of this Act is governed by the law in effect on
	the date the suit or proceeding was commenced, and the former law is
	continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2007.