By: Estes S.B. No. 1216
(In the Senate - Filed March 7, 2011; March 16, 2011, read
first time and referred to Committee on State Affairs;
April 12, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 12, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1216 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to determination of the validity and enforceability of a
contract containing an arbitration agreement in suits for
dissolution of marriage and certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 6, Family Code, is amended
by adding Section 6.6015 to read as follows:
Sec. 6.6015. DETERMINATION OF VALIDITY AND ENFORCEABILITY
OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (a) If a party to a
suit for dissolution of a marriage opposes an application to compel
arbitration or makes an application to stay arbitration and asserts
that the contract containing the agreement to arbitrate is not
valid or enforceable, notwithstanding any provision of the contract
to the contrary, the court shall try the issue promptly and may
order arbitration only if the court determines that the contract
containing the agreement to arbitrate is valid and enforceable
against the party seeking to avoid arbitration.
(b) A determination under this section that a contract is
valid and enforceable does not affect the court's authority to stay
arbitration or refuse to compel arbitration on any other ground
provided by law.
SECTION 2. Subchapter A, Chapter 153, Family Code, is
amended by adding Section 153.00715 to read as follows:
Sec. 153.00715. DETERMINATION OF VALIDITY AND
ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE.
(a) If a party to a suit affecting the parent-child relationship
opposes an application to compel arbitration or makes an
application to stay arbitration and asserts that the contract
containing the agreement to arbitrate is not valid or enforceable,
notwithstanding any provision of the contract to the contrary, the
court shall try the issue promptly and may order arbitration only if
the court determines that the contract containing the agreement to
arbitrate is valid and enforceable against the party seeking to
avoid arbitration.
(b) A determination under this section that a contract is
valid and enforceable does not affect the court's authority to stay
arbitration or refuse to compel arbitration on any other ground
provided by law.
SECTION 3. The changes in law made by this Act apply only to
a contract entered into on or after the effective date of this Act.
A contract entered into before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 4. 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, 2011.
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