By: Sims S.B. No. 975 73R6273 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to mandatory arbitration of claims for personal injury, 1-3 property damage, or death arising from participation in an equine 1-4 activity. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 7, Civil Practice and Remedies Code, is 1-7 amended by adding Chapter 156 to read as follows: 1-8 CHAPTER 156. MANDATORY ARBITRATION OF EQUINE ACTIVITY CLAIMS 1-9 Sec. 156.001. In this chapter: 1-10 (1) "Board" means a board of arbitrators appointed 1-11 under this chapter. 1-12 (2) "Equine activity claim" means a claim against an 1-13 equine professional alleging that personal injury to or death of a 1-14 person or property damage resulted from one or more negligent acts 1-15 or omissions by an equine professional. 1-16 (3) "Equine professional" means a person engaged for 1-17 compensation: 1-18 (A) to instruct a person or rent to a person a 1-19 horse, pony, mule, or donkey for the purpose of riding, driving, or 1-20 being a passenger on the animal; or 1-21 (B) to rent equipment or tack to a person. 1-22 Sec. 156.002. MANDATORY ARBITRATION. A court shall refer a 1-23 pending action relating to an equine activity claim to a board of 1-24 arbitrators for resolution in accordance with this chapter. 2-1 Sec. 156.003. BOARD OF ARBITRATORS. (a) The court shall 2-2 appoint a board of arbitrators for each action in which the court 2-3 must make a referral under Section 156.002. 2-4 (b) A board must be composed of: 2-5 (1) two attorneys; 2-6 (2) two equine professionals; and 2-7 (3) three persons who are not attorneys or equine 2-8 professionals and who qualify for appointment as an impartial third 2-9 party under Section 154.052. 2-10 Sec. 156.004. ARBITRATION OF DISPUTE. (a) A board shall 2-11 consider evidence presented by the parties and shall render an 2-12 award not later than the 90th day after the date on which the claim 2-13 was referred to the board. 2-14 (b) Not later than the 10th day after the date on which the 2-15 award is rendered, the board shall file the award with the court. 2-16 (c) Not later than the 30th day after the date on which the 2-17 award is filed with the court, each party to the action shall file 2-18 with the court a statement indicating whether the party accepts the 2-19 board's award. 2-20 (d) If all parties accept the award, the court shall enter a 2-21 judgment that incorporates the award. 2-22 (e) If a party does not accept the award, court proceedings 2-23 relating to the claim continue. 2-24 Sec. 156.005. LIMITATION ON EVIDENCE. A board may limit the 2-25 amount of evidence that each party may present during the 2-26 arbitration. 2-27 Sec. 156.006. DISCOVERY. A party to an arbitration under 3-1 this chapter may obtain discovery in accordance with the Texas 3-2 Rules of Civil Procedure. The court in which the action is pending 3-3 shall resolve any dispute relating to discovery in accordance with 3-4 the Texas Rules of Civil Procedure. 3-5 Sec. 156.007. COMPENSATION OF MEMBERS OF BOARD OF 3-6 ARBITRATORS. (a) The court may set a reasonable fee for the 3-7 services of the members of a board appointed under this chapter. 3-8 The court may consider the education, training, and experience of 3-9 an individual member of the board in establishing a fee for that 3-10 member. 3-11 (b) Unless the parties agree to a method of payment, the 3-12 court shall tax the fees for the services of the board as part of 3-13 the costs of the suit. 3-14 Sec. 156.008. CONFIDENTIALITY OF PROCEEDINGS. Section 3-15 154.073 applies to an arbitration conducted under this chapter. 3-16 Sec. 156.009. ATTORNEY'S FEES. The court shall award to a 3-17 party the attorney's fees and costs incurred by that party after 3-18 the date on which the board's award is rendered if: 3-19 (1) that party accepted the board's award but another 3-20 party to the action did not; and 3-21 (2) the judgment entered is not more favorable than 3-22 the board's award to the party that refused to accept the board's 3-23 award. 3-24 SECTION 2. Section 154.021, Civil Practice and Remedies 3-25 Code, is amended by adding Subsection (c) to read as follows: 3-26 (c) A court shall refer a pending action relating to an 3-27 equine activity claim, as that term is defined by Section 156.001, 4-1 to an arbitration board for resolution in accordance with Chapter 4-2 156. 4-3 SECTION 3. This Act takes effect September 1, 1993, and 4-4 applies only to an action commenced on or after January 1, 1994. 4-5 An action commenced before January 1, 1994, is governed by the law 4-6 as it existed immediately before the effective date of this Act, 4-7 and that law is continued in effect for that purpose. 4-8 SECTION 4. The importance of this legislation and the 4-9 crowded condition of the calendars in both houses create an 4-10 emergency and an imperative public necessity that the 4-11 constitutional rule requiring bills to be read on three several 4-12 days in each house be suspended, and this rule is hereby suspended.