86R9501 BRG-F
By: Smithee H.B. No. 1744
A BILL TO BE ENTITLED
AN ACT
relating to limitations periods in arbitration proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 171, Civil Practice and
Remedies Code, is amended by adding Section 171.004 to read as
follows:
Sec. 171.004. APPLICABILITY OF LIMITATIONS PERIODS. (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) 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.