Bill Text: TX HB1744 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to limitations periods in arbitration proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB1744 Detail]
Download: Texas-2019-HB1744-Comm_Sub.html
86R22586 BRG-F | |||
By: Smithee | H.B. No. 1744 | ||
Substitute the following for H.B. No. 1744: | |||
By: White | C.S.H.B. No. 1744 |
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relating to limitations periods in arbitration proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 16, Civil Practice and | ||
Remedies Code, is amended by adding Section 16.073 to read as | ||
follows: | ||
Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO | ||
ARBITRATION. (a) A party may not assert a claim in an arbitration | ||
proceeding if the party could not bring suit for the claim in court | ||
due to the expiration of the applicable limitations period. | ||
(b) A party may assert a claim in an arbitration proceeding | ||
after expiration of the applicable limitations period if: | ||
(1) the party brought suit for the claim in court | ||
before the expiration of the applicable limitations period; and | ||
(2) the parties to the claim agreed to arbitrate the | ||
claim or a court ordered the parties to arbitrate the claim. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |