By: Brown S.B. No. 1439
A BILL TO BE ENTITLED
AN ACT
1-1 relating to nonsubstantive codification of the general arbitration
1-2 statutes into the Civil Practice and Remedies Code.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Part 1, Title 10, Revised Statutes, is
1-5 transferred to Title 7, Civil Practice and Remedies Code,
1-6 redesignated as Chapter 156, and amended to read as follows:
1-7 CHAPTER 156. <1.> TEXAS GENERAL ARBITRATION ACT
1-8 Sec. 156.001 <Art. 224>. Validity of arbitration agreements.
1-9 A written agreement to submit any existing controversy to
1-10 arbitration or a provision in a written contract to submit to
1-11 arbitration any controversy thereafter arising between the parties
1-12 is valid, enforceable and irrevocable, save upon such grounds as
1-13 exist at law or in equity for the revocation of any contract. A
1-14 court shall refuse to enforce an agreement or contract provision to
1-15 submit a controversy to arbitration if the court finds it was
1-16 unconscionable at the time the agreement or contract was made.
1-17 Provided, however, that none of the provisions of this chapter
1-18 <Act> shall apply to:
1-19 (1) <(a)> any collective bargaining agreement between
1-20 an employer and a labor union;
1-21 (2) <(b)> any contract for the acquisition by an
1-22 individual person or persons (as distinguished from a corporation,
1-23 trust, partnership, association, or other legal entity) of real or
1-24 personal property, or services, or money or credit where the total
2-1 consideration therefor to be paid or furnished by the individual is
2-2 $50,000 or less, unless said individual and the other party or
2-3 parties agree in writing to submit to arbitration and such written
2-4 agreement is signed by the parties to such agreement and their
2-5 attorneys;
2-6 (3) <(c)> any claim for personal injury except upon
2-7 the advice of counsel to both parties as evidenced by a written
2-8 agreement signed by counsel to both parties. A claim for workers'
2-9 compensation shall not be submitted to arbitration under this
2-10 chapter <Act>.
2-11 Sec. 156.002 <Art. 225>. Proceedings to compel or stay
2-12 arbitrations. (a) <Sec. A.> On application of a party showing an
2-13 agreement described in Section 156.001 <Article 224 of this Act>,
2-14 and the opposing party's refusal to arbitrate, the court shall
2-15 order the parties to proceed with arbitration; but if the opposing
2-16 party denies the existence of the agreement to arbitrate, the court
2-17 shall proceed summarily to the determination of the issue so raised
2-18 and shall order arbitration if found for the moving party;
2-19 otherwise, the application shall be denied.
2-20 (b) <Sec. B.> On application, the court may stay an
2-21 arbitration proceeding commenced or threatened on a showing that
2-22 there is no agreement to arbitrate. Such an issue, when in
2-23 substantial and bona fide dispute, shall be forthwith and summarily
2-24 tried and the stay ordered if found for the moving party. If found
2-25 for the opposing party, the court shall order the parties to
2-26 proceed to arbitration.
2-27 (c) <Sec. C.> If an issue referable to arbitration under
3-1 the alleged agreement is involved in an action or proceeding
3-2 pending in a court having jurisdiction to hear applications under
3-3 Section 156.011(a) <Section A of Article 234 of this Act>, the
3-4 application shall be made therein. Otherwise and subject to
3-5 Section 156.012 <Article 235 of this Act>, the application may be
3-6 made in any court of competent jurisdiction.
3-7 (d) <Sec. D.> Any action or proceeding involving an issue
3-8 subject to arbitration shall be stayed if an order for arbitration
3-9 or an application therefor has been made under the provisions of
3-10 this section <Article 225>, or, if the issue is severable, the stay
3-11 may be with respect thereto only. When the application is made in
3-12 such action or proceeding, the order for arbitration shall include
3-13 such stay.
3-14 (e) <Sec. E.> An order for arbitration shall not be refused
3-15 on the ground that the claim in issue lacks merit or bona fides or
3-16 because any fault or grounds for the claim sought to be arbitrated
3-17 have not been shown.
3-18 Sec. 156.003 <Art. 226>. Appointment of arbitrators by
3-19 court. If the arbitration agreement provides a method of
3-20 appointment of arbitrators, this method shall be followed. In the
3-21 absence thereof, or if the agreed method fails or for any reason
3-22 cannot be followed, or when an arbitrator appointed fails or is
3-23 unable to act and his successor has not been duly appointed, the
3-24 court on application of a party setting forth the nature of the
3-25 issues to be arbitrated and the qualifications of the proposed
3-26 arbitrators shall appoint one or more qualified arbitrators. An
3-27 arbitrator so appointed has all the powers of one specifically
4-1 named in the agreement.
4-2 Sec. 156.004 <Art. 227>. Majority action by arbitrators.
4-3 The powers of the arbitrators may be exercised by a majority unless
4-4 otherwise provided by the agreement or by this chapter <Act>.
4-5 Sec. 156.005 <Art. 228>. Hearings before arbitrators and
4-6 notices thereof. Unless otherwise provided by the agreement:
4-7 (1) <Sec. A.> The arbitrators shall appoint a time
4-8 and place for the hearing and cause notification to the parties to
4-9 be served personally or by registered or certified mail with return
4-10 receipt requested not less than five days before the hearing.
4-11 Appearance at the hearing waives such notice. The arbitrators may
4-12 adjourn the hearing from time to time as necessary and, on request
4-13 of a party and for good cause, or upon their own motion, may
4-14 postpone the hearing to a time not later than the date fixed by the
4-15 agreement for making the award unless the parties consent to a
4-16 later date. The arbitrators may hear and determine the controversy
4-17 upon the evidence produced notwithstanding the failure of a party
4-18 duly notified to appear. The court on application may direct the
4-19 arbitrators to proceed promptly with the hearing and determination
4-20 of the controversy.
4-21 (2) <Sec. B.> The parties are entitled to be heard,
4-22 to present evidence material to the controversy, and to
4-23 cross-examine witnesses appearing at the hearing.
4-24 (3) <Sec. C.> The hearing shall be conducted by all
4-25 the arbitrators but a majority may determine any question and
4-26 render a final award. If, during the course of the hearing, an
4-27 arbitrator for any reason ceases to act, the remaining arbitrator
5-1 or arbitrators appointed to act as neutrals may continue with the
5-2 hearing and determination of the controversy.
5-3 Sec. 156.006 <Art. 229>. Representation by attorneys. A
5-4 party has the right to be represented by an attorney at any
5-5 proceeding or hearing under this chapter <Act>. A waiver thereof
5-6 prior to the proceeding or hearing is ineffective.
5-7 Sec. 156.007 <Art. 230>. WITNESSES, SUBPOENAS, DEPOSITIONS
5-8 <TESTIMONY AT HEARINGS BEFORE ARBITRATORS BY WITNESSES; SUBPOENAS
5-9 AND DISPOSITIONS THEREFOR>. (a) <Sec. A.> The arbitrators shall
5-10 have the power to administer oaths required of witnesses in a civil
5-11 action pending in a district court and may cause same to be
5-12 administered by any one of them, to each witness testifying before
5-13 them.
5-14 (b) <Sec. B.> The arbitrators may authorize a deposition to
5-15 be taken of a witness who cannot be required by subpoena to appear
5-16 before them or who is unable to attend the hearing, for use as
5-17 evidence, or may authorize a deposition of an adverse witness for
5-18 discovery or evidentiary purposes, such depositions to be taken in
5-19 the manner provided by law for depositions in a civil action
5-20 pending in a district court.
5-21 (c) <Sec. C.> The arbitrators may issue or cause to be
5-22 issued by any one of them, subpoenas for the attendance of
5-23 witnesses and for the production of books, records, documents, and
5-24 other evidence; the appearance of the witness required by such a
5-25 subpoena may be either at the hearing before the arbitrators or at
5-26 the deposition of the witness. Subpoenas so issued shall be served
5-27 in the manner provided by law for the service of subpoenas issued
6-1 in a civil action pending in a district court. All provisions of
6-2 law requiring a witness under subpoena to appear, to produce and to
6-3 testify, pursuant to a subpoena issued in such a civil action,
6-4 shall apply to subpoenas issued under this section <Article>.
6-5 (d) <Sec. D.> Fees for witnesses attending any hearing
6-6 before arbitrators or any deposition pursuant to the provisions of
6-7 this section <Article>, shall be the same as for a witness in a
6-8 civil action in a district court.
6-9 Sec. 156.008 <Art. 231>. Awards by arbitrators.
6-10 (a) <Sec. A.> The award shall be in writing and signed by the
6-11 arbitrators joining in the award. The arbitrators shall deliver a
6-12 copy to each party personally or by registered or certified mail,
6-13 or as provided in the agreement.
6-14 (b) <Sec. B.> An award shall be made within the time fixed
6-15 therefor by the agreement or, if not so fixed, within such time as
6-16 the court orders on application of a party. The parties may extend
6-17 the time in writing either before or after the expiration thereof.
6-18 A party waives the objection that an award was not made within the
6-19 time required unless he notifies the arbitrators of his objection
6-20 prior to the delivery of the award to him.
6-21 Sec. 156.009 <Art. 232>. Changes of awards by arbitrators.
6-22 On application of a party or, if an application to the court is
6-23 pending under Sections 156.013, 156.014, and 156.015 <Articles 236,
6-24 237 and 238>, on submission to the arbitrators by the court under
6-25 such conditions as the court may order, the arbitrators may modify
6-26 or correct the award upon the grounds stated in Section 156.015(a)
6-27 <Section A of Article 238>, or for the purpose of clarifying the
7-1 award. The application shall be made within twenty days after
7-2 delivery of the award to the applicant. Written notice thereof
7-3 shall be given forthwith to the opposing party, stating that he
7-4 must serve his objections thereto, if any, within ten days from the
7-5 notice. The award so modified or corrected is subject to the
7-6 provisions of Sections 156.013, 156.014, and 156.015 <Articles 236,
7-7 237 and 238>.
7-8 Sec. 156.010 <Art. 233>. Fees and expenses of arbitrations
7-9 as awarded by arbitrators. Unless otherwise provided in the
7-10 agreement to arbitrate, the arbitrators' expenses and fees,
7-11 together with other expenses incurred in the conduct of the
7-12 arbitration, shall be paid as provided in the award. Attorneys
7-13 fees shall be awarded by the arbitrators as additional sums
7-14 required to be paid under the award only if provided for in the
7-15 agreement to arbitrate or provided by law as to any recovery in a
7-16 civil action in the district court on such a cause of action on
7-17 which the award in whole or in part is based.
7-18 Sec. 156.011 <Art. 234>. Courts with jurisdiction in
7-19 arbitration proceedings. (a) <Sec. A.> The term "court" as used
7-20 in this chapter <Act> shall mean and include any court of this
7-21 state <State> of competent jurisdiction as to the parties, the
7-22 subject matter, and the amount in controversy. Such a court shall
7-23 have jurisdiction to hear and determine applications as provided in
7-24 Section 156.012 <Article 235>.
7-25 (b) <Sec. B.> The making of an agreement described in
7-26 Section 156.001 <Article 224> and to which that section <Article>
7-27 is applicable (but this expressly shall not be the effect of the
8-1 making of an agreement to which that section <Article> is made
8-2 inapplicable by the last sentence thereof), which provides for or
8-3 authorizes an arbitration in this state <State>, confers
8-4 jurisdiction on the court to enforce the agreement under this
8-5 chapter <Act> and to enter judgment on an award thereunder.
8-6 Sec. 156.012 <Art. 235>. JUDICIAL PROCEEDINGS <APPLICATIONS
8-7 TO COURTS AND THE EFFECT THEREOF; COURT PROCEEDINGS ON APPLICATIONS
8-8 TO COURTS; VENUE THEREOF; STAY OF PROCEEDINGS IN ANOTHER COURT
8-9 PURSUANT TO A LATER APPLICATION; WHAT THE COURT MAY REQUIRE THAT AN
8-10 APPLICATION CONTAIN; WHEN APPLICATIONS MAY BE FILED IN ADVANCE OF
8-11 OR PENDING OR AT OR AFTER THE CONCLUSION OF ARBITRATION
8-12 PROCEEDINGS; ACQUISITION OF JURISDICTION OVER ADVERSE PARTIES BY
8-13 SERVICE OF PROCESS OR IN REM BY ANCILLARY PROCEEDINGS; COURT RELIEF
8-14 IN AID OF PENDING OR PROSPECTIVE ARBITRATION PROCEEDINGS OR THE
8-15 ENFORCEMENT OF COURT ORDERS OR DECREES OR SATISFACTION OF COURT
8-16 JUDGMENTS; COURT HEARINGS ON APPLICATIONS>. (a) <Sec. A.> The
8-17 jurisdiction of a court may be invoked by the filing with the clerk
8-18 of that court of an application for the entry by the court of a
8-19 judgment or decree or order provided for by the terms of this
8-20 chapter <Act>. Upon the filing of the initial application and the
8-21 payment to the clerk of the fees of court required to be paid on
8-22 the filing of a civil action in the court, the clerk shall docket
8-23 the proceedings as a civil action pending in that court.
8-24 (b) <Sec. B.> The filing of the initial application shall
8-25 be with the clerk of the court of that county in Texas in which (if
8-26 it does so provide) the arbitration agreement shall provide that
8-27 the hearing before the arbitrators shall be held; or if the hearing
9-1 has been held, in the county in which it was held. Otherwise, the
9-2 initial application shall be filed in the county in which the
9-3 adverse party resides (or one of them if there are two or more
9-4 adverse parties) or has a place of business; or if no adverse party
9-5 has a residence or place of business in this state <State>, in any
9-6 county. The initial application filed with the clerk of a court
9-7 having jurisdiction but in a county other than as provided for in
9-8 this subsection <Section>, shall be transferred to a court of the
9-9 county provided for in this subsection <Section> by an order
9-10 comparable to an order sustaining a plea of privilege to be sued in
9-11 a civil action in a district court of a county other than the
9-12 county in which an action is filed; provided that such order of
9-13 transfer shall be entered only if applied for by a party adverse to
9-14 the applicant who files the initial application, within 20 <twenty>
9-15 days of the service of process on such adverse party and in advance
9-16 of any other appearance in the court of that adverse party other
9-17 than one challenging the jurisdiction of the court.
9-18 (c) <Sec. C.> An initial application having been so filed,
9-19 the court having jurisdiction thus invoked, may by order or orders
9-20 stay proceedings pursuant to any application later filed seeking to
9-21 invoke the jurisdiction of any other court or the entry of a
9-22 judgment or decree or order provided for by the terms of this
9-23 chapter <Act>; or may stay any civil action or other proceeding
9-24 later instituted; provided, however, that any such stay of
9-25 proceedings in any civil action or other proceeding or pursuant to
9-26 an application later filed in any other court shall be limited to
9-27 and affect only an issue subject to arbitration under the
10-1 arbitration agreement pursuant to the terms of which the initial
10-2 application was so filed.
10-3 (d) <Sec. D.> As provided in Section 156.002(c) <Section C
10-4 of Article 225>, the initial application and all subsequent
10-5 applications to the court relating to arbitration of an issue
10-6 subject to arbitration under an arbitration agreement shall be
10-7 filed in a civil action or proceeding pending in a court having
10-8 jurisdiction to hear applications under the provisions of Section
10-9 156.011(a) <Section A of Article 234> if the civil action or
10-10 proceeding is pending before the filing of the initial application
10-11 as otherwise provided by Subsection (a) <Section A of Article 235>.
10-12 (e) <Sec. E.> The court may require that an application
10-13 filed under this chapter <Act> for entry by it of any judgment or
10-14 decree or order shall show the jurisdiction of the court, shall
10-15 have attached to it a copy of the arbitration agreement, shall
10-16 define the issue or issues subject to arbitration between the
10-17 parties under the arbitration agreement, shall specify the status
10-18 of the proceedings before arbitrators and show the need for the
10-19 entry of the judgment, decree, or order by the court sought by the
10-20 applicant. No application shall be deemed inadequate because of
10-21 the absence of any of these requirements unless the court shall, in
10-22 its discretion, first require that the application as filed be
10-23 amended to meet the requirements of the court and a period of 10
10-24 <ten> days is granted to the applicant to permit him to comply.
10-25 (f) <Sec. F.> An application for entry by the court of a
10-26 judgment or decree or order provided for by the terms of this
10-27 chapter <Act> may be filed in advance of the institution of any
11-1 arbitration proceedings but in aid thereof, or during the pendency
11-2 of any arbitration proceeding before the arbitrators or, subject to
11-3 the provisions of subsequent sections <Articles> of this chapter
11-4 <Act>, at or after the conclusion thereof.
11-5 (g) <Sec. G.> In advance of the institution of any
11-6 arbitration proceedings, but in aid thereof, an application may be
11-7 filed for order or orders to be entered by the court, including but
11-8 not limited to applications:
11-9 (1) <(i)> invoking the jurisdiction of the court over
11-10 the adverse party and for effecting same by service of process on
11-11 him in advance of the institution of arbitration proceedings (it
11-12 not being required to be shown in this connection that the adverse
11-13 party is about to, or may, absent himself from the state if
11-14 jurisdiction over him is not effected by service of process on him
11-15 before the institution of arbitration proceedings); <or>
11-16 (2) <(ii)> invoking the jurisdiction of the court
11-17 over the controversy in rem, by attachment, garnishment,
11-18 sequestration, or any other ancillary proceeding in the manner by
11-19 which, and on complying with the conditions under which, such
11-20 proceedings may be instituted and conducted ancillary to a civil
11-21 action in a district court; <or>
11-22 (3) <(iii)> seeking to restrain or enjoin the
11-23 destruction of the subject matter of the controversy or any
11-24 essential part thereof, or the destruction or alteration of books,
11-25 records, documents, or evidence needed for the arbitration
11-26 proceeding, or seeking from the court in its discretion, order for
11-27 deposition or depositions needed in advance of the commencement of
12-1 the arbitration proceedings for discovery, for perpetuation of
12-2 testimony or for evidence; <or>
12-3 (4) <(iv)> seeking the appointment of arbitrator or
12-4 arbitrators so that proceedings before them under the arbitration
12-5 agreement may proceed; or
12-6 (5) <(v)> seeking any other relief, which the court
12-7 can grant in its discretion, needed to permit the orderly
12-8 arbitration proceedings to be instituted and conducted and to
12-9 prevent any improper interference or delay thereof.
12-10 (h) <Sec. H.> During the pendency of any arbitration
12-11 proceedings before the arbitrators, an application may be filed for
12-12 order or orders to be entered by the court, including but not
12-13 limited to applications:
12-14 (1) <(i)> referred to or to serve any purpose
12-15 referred to in Subsection (g) <Section G of this Article>; <or>
12-16 (2) <(ii)> to require compliance by any adverse party
12-17 or any witness with order or orders made by arbitrators during the
12-18 arbitration proceedings, pursuant to provisions of this chapter
12-19 <Act>; <or>
12-20 (3) <(iii)> to require the issuance and service under
12-21 orders of the court rather than orders made by the arbitrators, of
12-22 subpoenas, notices, or other court processes in aid of the
12-23 arbitration proceedings before the arbitrators; or in any ancillary
12-24 proceedings in rem by attachment, garnishment, sequestration, or
12-25 otherwise, in the manner of and on complying with the conditions
12-26 under which such ancillary proceedings may be instituted and
12-27 conducted ancillary to a civil action in a district court; or
13-1 (4) <(iv)> to seek to effect or maintain security for
13-2 the satisfaction of any court judgment that may be later entered
13-3 pursuant to the provisions of an award. During the pendency of the
13-4 arbitration proceedings or at or after their conclusion, an
13-5 application may be filed to seek any of the above mentioned relief
13-6 or otherwise aid in the enforcement of any court judgment or decree
13-7 or order entered pursuant to the provisions of this chapter <Act>;
13-8 or for relief as provided in Sections 156.013, 156.014, and 156.015
13-9 <Articles 236, 237 and 238>.
13-10 (i) <Sec. I.> On filing of any initial application herein
13-11 authorized, the clerk of the court shall issue process for service
13-12 upon each adverse party named therein, attaching a copy of the
13-13 application to each, and appropriate officials authorized so to do
13-14 may proceed to effect service of such process on each adverse
13-15 party, the form and substance of the process and service and the
13-16 return of service, insofar as applicable, being the form provided
13-17 for as to process and service on a defendant in a civil action in a
13-18 district court.
13-19 (j) <Sec. J.> Upon the filing of any application other than
13-20 the initial application, if the jurisdiction over the adverse party
13-21 has been established by service of process on him or in rem upon
13-22 the initial application (though, if not, then on such subsequent
13-23 application there shall be a service of process as provided for in
13-24 Subsection (i) <Section I of this Article>), each subsequent
13-25 application with reference to the same arbitration proceedings or
13-26 prospective proceedings under the same arbitration agreement and
13-27 relating to the same controversy or controversies, shall be treated
14-1 for the purposes of notice to each adverse party, as if a motion
14-2 filed in a pending civil action in a district court. Every such
14-3 subsequent application to the court for any relief and every
14-4 initial application shall be heard by the court in the manner and
14-5 pursuant to the notice provided by law or rule of court as to the
14-6 making and hearing of such a motion.
14-7 Sec. 156.013 <Art. 236>. Confirmation of an award. Upon
14-8 application of a party, the court shall confirm an award, unless
14-9 within the time limits hereinafter imposed grounds are urged for
14-10 vacating or modifying or correcting the award, in which case the
14-11 court shall proceed as provided in Sections 156.014 and 156.015
14-12 <Articles 237 and 238 of this Act>.
14-13 Sec. 156.014 <Art. 237>. Vacating an award. (a) <Sec. A.>
14-14 Upon application of a party, the court shall vacate an award where:
14-15 (1) the <The> award was procured by corruption, fraud,
14-16 or other undue means;
14-17 (2) there <There> was evident partiality by an
14-18 arbitrator appointed as a neutral or corruption in any of the
14-19 arbitrators or misconduct or wilful misbehavior of any of the
14-20 arbitrators prejudicing the rights of any party;
14-21 (3) the <The> arbitrators exceeded their powers;
14-22 (4) the <The> arbitrators refused to postpone the
14-23 hearing upon sufficient cause being shown therefor or refused to
14-24 hear evidence material to the controversy or otherwise so conducted
14-25 the hearing, contrary to the provisions of Section 156.005 <Article
14-26 228>, as to prejudice substantially the rights of a party; or
14-27 (5) there <There> was no arbitration agreement and the
15-1 issue was not adversely determined in proceedings under Section
15-2 156.002 <Article 225> and the party did not participate in the
15-3 arbitration hearing without raising the objection; but the fact
15-4 that the relief was such that it could not or would not be granted
15-5 by a court of law or equity is not ground for vacating or refusing
15-6 to confirm the award.
15-7 (b) <Sec. B.> An application under this section <Article>
15-8 shall be made within 90 <ninety> days after delivery of a copy of
15-9 the award to the applicant, except that, if predicated upon
15-10 corruption, fraud, or other undue means, it shall be made within 90
15-11 <ninety> days after such grounds are known or should have been
15-12 known.
15-13 (c) <Sec. C.> In vacating the award on grounds other than
15-14 stated in Subsection (a)(5) <paragraph 5 of Section A of this
15-15 Article>, the court may order a rehearing before new arbitrators
15-16 chosen as provided in the agreement, or in the absence thereof, by
15-17 the court in accordance with the provisions of Section 156.003
15-18 <Article 226>; or, if the award is vacated on grounds set forth in
15-19 Subsections (a)(3) and (4) <paragraphs 3 and 4 of Section A of this
15-20 Article>, the court may order a rehearing before the arbitrators
15-21 who made the award or their successors appointed in accordance with
15-22 the provisions of Section 156.003 <Article 226>. The time within
15-23 which the agreement requires the award to be made is applicable to
15-24 the rehearing and commences from the date of the order.
15-25 (d) <Sec. D.> If the application to vacate is denied and no
15-26 motion to modify or correct the award is pending, the court shall
15-27 confirm the award.
16-1 Sec. 156.015 <Art. 238>. Modification or correction of
16-2 award. (a) <Sec. A.> Upon application made within 90 <ninety>
16-3 days after delivery of a copy of the award to the applicant, the
16-4 court shall modify or correct the award where:
16-5 (1) there <There> was an evident miscalculation of
16-6 figures or an evident mistake in the description of any person,
16-7 thing, or property referred to in the award;
16-8 (2) the <The> arbitrators have awarded upon a matter
16-9 not submitted to them and the award may be corrected without
16-10 affecting the merits of the decision upon the issues submitted; or
16-11 (3) the <The> award is imperfect in a matter of form,
16-12 not affecting the merits of the controversy.
16-13 (b) <Sec. B.> If the application is granted, the court
16-14 shall modify and correct the award so as to effect its intent and
16-15 shall confirm the award as so modified and corrected. Otherwise,
16-16 the court shall confirm the award as made.
16-17 (c) <Sec. C.> An application to modify or correct an award
16-18 may be joined in the alternative with an application to vacate the
16-19 award.
16-20 Sec. 156.016 <Art. 238-1>. JUDGMENT OR DECREE UPON <AN>
16-21 AWARD; THE ENFORCEMENT THEREOF. Upon the granting of an order
16-22 confirming, modifying, or correcting an award, judgment or decree
16-23 shall be entered in conformity therewith and be enforced as any
16-24 other judgment or decree. Costs of the application and of the
16-25 proceedings subsequent thereto<,> and disbursements may be awarded
16-26 by the court.
16-27 Sec. 156.017 <Art. 238-2>. Appeals. (a) <Sec. A.> An
17-1 appeal may be taken from:
17-2 (1) an <An> order denying an application to compel
17-3 arbitration made under Section 156.002(a) <Section A of Article
17-4 225>;
17-5 (2) an <An> order granting an application to stay
17-6 arbitration made under Section 156.002(b) <Section B of Article
17-7 225>;
17-8 (3) an <An> order confirming or denying confirmation
17-9 of an award;
17-10 (4) an <An> order modifying or correcting an award;
17-11 (5) an <An> order vacating an award without directing
17-12 a rehearing; or
17-13 (6) a <A> judgment or decree entered pursuant to the
17-14 provisions of this chapter <Act>.
17-15 (b) <Sec. B.> The appeal shall be taken in the manner and
17-16 to the same extent as from orders or judgments in a civil action.
17-17 Sec. 156.018 <Art. 238-3>. CHAPTER <ACT> NOT RETROACTIVE.
17-18 The chapter <Act> applies only to agreements made after
17-19 December 31, 1965 <subsequent to the taking effect of this Act>.
17-20 Sec. 156.019 <Art. 238-4>. Uniformity of interpretation.
17-21 This chapter <Act> shall be so construed as to effectuate its
17-22 general purpose and make uniform the construction of those articles
17-23 and sections that are enacted into the law of arbitration
17-24 proceedings of other states.
17-25 Sec. 156.020 <Art. 238-5>. Severability. If any provision
17-26 of this chapter <Act> or the application thereof to any person or
17-27 circumstance is held invalid, the invalidity shall not affect other
18-1 provisions or applications of the chapter <Act> which can be given
18-2 effect without the invalid provision or application, and to this
18-3 end the provisions of this chapter <Act> are severable.
18-4 Sec. 156.021 <Art. 238-6>. NAME OF THIS CHAPTER <ACT;
18-5 DEFINITION OF TERM "THIS ACT"; EFFECT OF DIVISION INTO ARTICLES,
18-6 SECTIONS, AND PARAGRAPHS AND OF CAPTIONS OF ARTICLES>. (a) The
18-7 name of this chapter <Act> is "Texas General Arbitration Act."
18-8 <The term "this act" as used therein shall mean and refer to
18-9 Article 224 through this Article 238-6, inclusive. This Act is
18-10 divided into articles with a caption for each, with a number
18-11 assigned to each article, certain of the articles are divided into
18-12 sections with a capital letter assigned to each section and certain
18-13 of the sections are subdivided into paragraphs with a parenthetical
18-14 number assigned to each such paragraph. These subdivisions of this
18-15 Act however are for purposes of convenience only and in order that
18-16 there may be references in one provision of the Act to other
18-17 provision or provisions of the Act more readily; neither any such
18-18 subdivision of the Act nor any caption for any article however
18-19 shall be any aid to or given any effect in connection with any
18-20 construction of the Act or any part thereof.>
18-21 SECTION 2. This Act takes effect September 1, 1995.
18-22 SECTION 3. The importance of this legislation and the
18-23 crowded condition of the calendars in both houses create an
18-24 emergency and an imperative public necessity that the
18-25 constitutional rule requiring bills to be read on three several
18-26 days in each house be suspended, and this rule is hereby suspended,
18-27 and that this Act take effect and be in force from and after its
19-1 passage, and it is so enacted.