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.