| 1 | 1 | | 86R11057 BRG-D |
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| 2 | 2 | | By: J. Johnson of Dallas H.B. No. 2375 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement of certain arbitration agreements. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 171, Civil Practice and |
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| 10 | 10 | | Remedies Code, is amended by adding Section 171.0221 to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 171.0221. CERTAIN ARBITRATION AGREEMENTS |
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| 13 | 13 | | UNENFORCEABLE. (a) In this section: |
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| 14 | 14 | | (1) "Antitrust dispute" means a dispute involving a |
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| 15 | 15 | | claim for damages caused by a violation of an antitrust law in which |
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| 16 | 16 | | plaintiffs seek certification as a class. |
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| 17 | 17 | | (2) "Civil rights dispute" means a dispute regarding a |
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| 18 | 18 | | violation of the United States Constitution, the constitution of |
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| 19 | 19 | | this state, or a statute that prohibits discrimination on the basis |
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| 20 | 20 | | of race, sex, disability, religion, or national origin in which a |
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| 21 | 21 | | party alleging a violation is an individual. |
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| 22 | 22 | | (3) "Consumer dispute" means a dispute between an |
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| 23 | 23 | | individual who seeks or acquires real or personal property, |
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| 24 | 24 | | services, securities or other investments, money, or credit for |
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| 25 | 25 | | personal, family, or household purposes and a seller or provider of |
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| 26 | 26 | | the property, services, investments, money, or credit. |
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| 27 | 27 | | (4) "Employment dispute" means a dispute between an |
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| 28 | 28 | | employer and an employee. |
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| 29 | 29 | | (b) A court may not enforce an agreement to arbitrate a |
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| 30 | 30 | | dispute that had not yet arisen at the time the agreement was made |
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| 31 | 31 | | if the agreement would require arbitration of an employment |
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| 32 | 32 | | dispute, consumer dispute, antitrust dispute, or civil rights |
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| 33 | 33 | | dispute or would have the effect of waiving the right of an employee |
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| 34 | 34 | | to seek judicial enforcement of a right arising under federal or |
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| 35 | 35 | | state law. |
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| 36 | 36 | | (c) This section does not apply to an agreement to arbitrate |
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| 37 | 37 | | between an employer and a labor union or between labor unions. |
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| 38 | 38 | | SECTION 2. This Act applies only to an agreement to |
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| 39 | 39 | | arbitrate entered into on or after the effective date of this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2019. |
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