H.B. No. 1255
AN ACT
relating to limitations periods in arbitration proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 16, Civil Practice and
Remedies Code, is amended by adding Section 16.073 to read as
follows:
Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO
ARBITRATION. (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) the parties to the claim agreed to arbitrate the
claim or 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1255 was passed by the House on April
19, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1255 was passed by the Senate on May
11, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor