| 1 | | - | By: Smithee (Senate Sponsor - Hughes) H.B. No. 3333 |
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| 2 | | - | (In the Senate - Received from the House May 13, 2021; |
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| 3 | | - | May 14, 2021, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 18, 2021, reported favorably by the following vote: |
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| 5 | | - | Yeas 9, Nays 0; May 18, 2021, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | By: Smithee H.B. No. 3333 |
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| 7 | 2 | | |
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| 8 | 3 | | |
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| 9 | 4 | | A BILL TO BE ENTITLED |
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| 10 | 5 | | AN ACT |
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| 11 | 6 | | relating to limitations periods in arbitration proceedings. |
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| 12 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 8 | | SECTION 1. Subchapter D, Chapter 16, Civil Practice and |
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| 14 | 9 | | Remedies Code, is amended by adding Section 16.073 to read as |
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| 15 | 10 | | follows: |
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| 16 | 11 | | Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO |
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| 17 | 12 | | ARBITRATION. (a) A party may not assert a claim in an arbitration |
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| 18 | 13 | | proceeding if the party could not bring suit for the claim in court |
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| 19 | 14 | | due to the expiration of the applicable limitations period. |
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| 20 | 15 | | (b) A party may assert a claim in an arbitration proceeding |
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| 21 | 16 | | after expiration of the applicable limitations period if: |
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| 22 | 17 | | (1) the party brought suit for the claim in court |
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| 23 | 18 | | before the expiration of the applicable limitations period; and |
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| 24 | 19 | | (2) the parties to the claim agreed to arbitrate the |
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| 25 | 20 | | claim or a court ordered the parties to arbitrate the claim. |
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| 26 | 21 | | SECTION 2. This Act takes effect immediately if it receives |
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| 27 | 22 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 23 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 24 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 25 | | Act takes effect September 1, 2021. |
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