S.B. No. 1216
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.
(c) This section does not apply to:
(1) a court order;
(2) a mediated settlement agreement described by
Section 6.602;
(3) a collaborative law agreement described by Section
6.603;
(4) a written settlement agreement reached at an
informal settlement conference described by Section 6.604; or
(5) any other agreement between the parties that is
approved by a court.
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.
(c) This section does not apply to:
(1) a court order;
(2) an agreed parenting plan described by Section
153.007;
(3) a mediated settlement agreement described by
Section 153.0071;
(4) a collaborative law agreement described by Section
153.0072; or
(5) any other agreement between the parties that is
approved by a court.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1216 passed the Senate on
April 20, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1216 passed the House, with
amendment, on May 23, 2011, by the following vote: Yeas 142,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor