| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 86R9501 BRG-F | |
| 2 | 2 | By: Smithee H.B. No. 1744 | |
| 3 | - | Substitute the following for H.B. No. 1744: | |
| 4 | - | By: White C.S.H.B. No. 1744 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to limitations periods in arbitration proceedings. | |
| 10 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | - | SECTION 1. Subchapter | |
| 12 | - | Remedies Code, is amended by adding Section | |
| 9 | + | SECTION 1. Subchapter A, Chapter 171, Civil Practice and | |
| 10 | + | Remedies Code, is amended by adding Section 171.004 to read as | |
| 13 | 11 | follows: | |
| 14 | - | Sec. | |
| 15 | - | ||
| 16 | - | ||
| 17 | - | ||
| 12 | + | Sec. 171.004. APPLICABILITY OF LIMITATIONS PERIODS. (a) A | |
| 13 | + | party may not assert a claim in an arbitration proceeding if the | |
| 14 | + | party could not bring suit for the claim in court due to the | |
| 15 | + | expiration of the applicable limitations period. | |
| 18 | 16 | (b) A party may assert a claim in an arbitration proceeding | |
| 19 | 17 | after expiration of the applicable limitations period if: | |
| 20 | 18 | (1) the party brought suit for the claim in court | |
| 21 | 19 | before the expiration of the applicable limitations period; and | |
| 22 | - | (2) the parties to | |
| 23 | - | ||
| 20 | + | (2) a court ordered the parties to arbitrate the | |
| 21 | + | claim. | |
| 24 | 22 | SECTION 2. This Act takes effect immediately if it receives | |
| 25 | 23 | a vote of two-thirds of all the members elected to each house, as | |
| 26 | 24 | provided by Section 39, Article III, Texas Constitution. If this | |
| 27 | 25 | Act does not receive the vote necessary for immediate effect, this | |
| 28 | 26 | Act takes effect September 1, 2019. |