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Senate Bill 1216 |
Senate Author: Estes |
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Effective: 6-17-11 |
House Sponsor: Hartnett |
Senate Bill 1216 amends the Family Code to require a court, if a party to a suit for dissolution of a marriage or a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, to try the issue promptly. The bill authorizes the court to order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. Such a determination does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. The bill exempts from its provisions a court order or certain court-approved agreements.