| 1 | 1 | | 82R29609 EES-D |
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| 2 | 2 | | By: Estes S.B. No. 1216 |
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| 3 | 3 | | (Hartnett) |
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| 4 | 4 | | Substitute the following for S.B. No. 1216: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to determination of the validity and enforceability of a |
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| 10 | 10 | | contract containing an arbitration agreement in suits for |
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| 11 | 11 | | dissolution of marriage and certain suits affecting the |
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| 12 | 12 | | parent-child relationship. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter G, Chapter 6, Family Code, is amended |
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| 15 | 15 | | by adding Section 6.6015 to read as follows: |
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| 16 | 16 | | Sec. 6.6015. DETERMINATION OF VALIDITY AND ENFORCEABILITY |
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| 17 | 17 | | OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (a) If a party to a |
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| 18 | 18 | | suit for dissolution of a marriage opposes an application to compel |
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| 19 | 19 | | arbitration or makes an application to stay arbitration and asserts |
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| 20 | 20 | | that the contract containing the agreement to arbitrate is not |
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| 21 | 21 | | valid or enforceable, notwithstanding any provision of the contract |
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| 22 | 22 | | to the contrary, the court shall try the issue promptly and may |
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| 23 | 23 | | order arbitration only if the court determines that the contract |
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| 24 | 24 | | containing the agreement to arbitrate is valid and enforceable |
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| 25 | 25 | | against the party seeking to avoid arbitration. |
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| 26 | 26 | | (b) A determination under this section that a contract is |
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| 27 | 27 | | valid and enforceable does not affect the court's authority to stay |
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| 28 | 28 | | arbitration or refuse to compel arbitration on any other ground |
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| 29 | 29 | | provided by law. |
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| 30 | 30 | | (c) This section does not apply to: |
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| 31 | 31 | | (1) a court order; |
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| 32 | 32 | | (2) a mediated settlement agreement described by |
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| 33 | 33 | | Section 6.602; |
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| 34 | 34 | | (3) a collaborative law agreement described by Section |
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| 35 | 35 | | 6.603; |
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| 36 | 36 | | (4) a written settlement agreement reached at an |
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| 37 | 37 | | informal settlement conference described by Section 6.604; or |
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| 38 | 38 | | (5) any other agreement between the parties that is |
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| 39 | 39 | | approved by a court. |
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| 40 | 40 | | SECTION 2. Subchapter A, Chapter 153, Family Code, is |
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| 41 | 41 | | amended by adding Section 153.00715 to read as follows: |
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| 42 | 42 | | Sec. 153.00715. DETERMINATION OF VALIDITY AND |
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| 43 | 43 | | ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. |
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| 44 | 44 | | (a) If a party to a suit affecting the parent-child relationship |
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| 45 | 45 | | opposes an application to compel arbitration or makes an |
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| 46 | 46 | | application to stay arbitration and asserts that the contract |
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| 47 | 47 | | containing the agreement to arbitrate is not valid or enforceable, |
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| 48 | 48 | | notwithstanding any provision of the contract to the contrary, the |
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| 49 | 49 | | court shall try the issue promptly and may order arbitration only if |
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| 50 | 50 | | the court determines that the contract containing the agreement to |
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| 51 | 51 | | arbitrate is valid and enforceable against the party seeking to |
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| 52 | 52 | | avoid arbitration. |
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| 53 | 53 | | (b) A determination under this section that a contract is |
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| 54 | 54 | | valid and enforceable does not affect the court's authority to stay |
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| 55 | 55 | | arbitration or refuse to compel arbitration on any other ground |
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| 56 | 56 | | provided by law. |
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| 57 | 57 | | (c) This section does not apply to: |
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| 58 | 58 | | (1) a court order; |
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| 59 | 59 | | (2) an agreed parenting plan described by Section |
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| 60 | 60 | | 153.007; |
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| 61 | 61 | | (3) a mediated settlement agreement described by |
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| 62 | 62 | | Section 153.0071; |
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| 63 | 63 | | (4) a collaborative law agreement described by Section |
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| 64 | 64 | | 153.0072; or |
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| 65 | 65 | | (5) any other agreement between the parties that is |
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| 66 | 66 | | approved by a court. |
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| 67 | 67 | | SECTION 3. The changes in law made by this Act apply only to |
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| 68 | 68 | | a contract entered into on or after the effective date of this Act. |
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| 69 | 69 | | A contract entered into before the effective date of this Act is |
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| 70 | 70 | | governed by the law in effect immediately before that date, and that |
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| 71 | 71 | | law is continued in effect for that purpose. |
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| 72 | 72 | | SECTION 4. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2011. |
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