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.