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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations periods in arbitration proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 16, Civil Practice and |
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Remedies Code, is amended by adding Section 16.073 to read as |
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follows: |
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Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO |
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ARBITRATION. (a) A party may not assert a claim in an arbitration |
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proceeding if the party could not bring suit for the claim in court |
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due to the expiration of the applicable limitations period. |
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(b) A party may assert a claim in an arbitration proceeding |
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after expiration of the applicable limitations period if: |
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(1) the party brought suit for the claim in court |
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before the expiration of the applicable limitations period; and |
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(2) the parties to the claim agreed to arbitrate the |
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claim or a court ordered the parties to arbitrate the claim. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |