Enrolled Bill Summary

            House Bill 3452 amends provisions of the Health and Safety Code relating to certain residential and custodial facilities licensed by the Texas Department of Human Services to establish certain requirements and deadlines for affected institutions that seek arbitration for disputes involving renewal, suspension, or revocation of a license or assessment of certain civil or monetary penalties to file an election of arbitration with the court in which the lawsuit is pending and to send notice of election to the office of the attorney general. The act also clarifies that the Texas Department of Human Services may elect arbitration by filing election with the court in which the lawsuit is pending.

            House Bill 3452 prohibits arbitration from being used to resolve a dispute related to an institution that has had an award levied against it within the previous five years. The act provides that if arbitration is not permitted or if the election of arbitration is not timely filed, the court is required to dismiss the arbitration election and to retain jurisdiction over the lawsuit, and the State Office of Administrative Hearings is required to dismiss the arbitration and has no jurisdiction over the lawsuit.