| 1 | 1 | | H.B. No. 1255 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to limitations periods in arbitration proceedings. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Subchapter D, Chapter 16, Civil Practice and |
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| 8 | 8 | | Remedies Code, is amended by adding Section 16.073 to read as |
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| 9 | 9 | | follows: |
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| 10 | 10 | | Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO |
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| 11 | 11 | | ARBITRATION. (a) A party may not assert a claim in an arbitration |
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| 12 | 12 | | proceeding if the party could not bring suit for the claim in court |
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| 13 | 13 | | due to the expiration of the applicable limitations period. |
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| 14 | 14 | | (b) A party may assert a claim in an arbitration proceeding |
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| 15 | 15 | | after expiration of the applicable limitations period if: |
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| 16 | 16 | | (1) the party brought suit for the claim in court |
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| 17 | 17 | | before the expiration of the applicable limitations period; and |
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| 18 | 18 | | (2) the parties to the claim agreed to arbitrate the |
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| 19 | 19 | | claim or a court ordered the parties to arbitrate the claim. |
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| 20 | 20 | | SECTION 2. This Act takes effect immediately if it receives |
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| 21 | 21 | | a vote of two-thirds of all the members elected to each house, as |
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| 22 | 22 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 23 | 23 | | Act does not receive the vote necessary for immediate effect, this |
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| 24 | 24 | | Act takes effect September 1, 2023. |
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| 25 | 25 | | ______________________________ ______________________________ |
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| 26 | 26 | | President of the Senate Speaker of the House |
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| 27 | 27 | | I certify that H.B. No. 1255 was passed by the House on April |
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| 28 | 28 | | 19, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not |
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| 29 | 29 | | voting. |
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| 30 | 30 | | ______________________________ |
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| 31 | 31 | | Chief Clerk of the House |
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| 32 | 32 | | I certify that H.B. No. 1255 was passed by the Senate on May |
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| 33 | 33 | | 11, 2023, by the following vote: Yeas 30, Nays 0. |
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| 34 | 34 | | ______________________________ |
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| 35 | 35 | | Secretary of the Senate |
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| 36 | 36 | | APPROVED: _____________________ |
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| 37 | 37 | | Date |
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| 38 | 38 | | _____________________ |
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| 39 | 39 | | Governor |
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