1-1 By: Brown S.B. No. 1439
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 19, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 19, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1439 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to nonsubstantive codification of the general arbitration
1-11 statutes into the Civil Practice and Remedies Code.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Part 1, Title 10, Revised Statutes, is
1-14 transferred to Title 7, Civil Practice and Remedies Code,
1-15 redesignated as Chapter 156, and amended to read as follows:
1-16 CHAPTER 156. <1.> TEXAS GENERAL ARBITRATION ACT
1-17 Sec. 156.001 <Art. 224>. Validity of arbitration agreements.
1-18 A written agreement to submit any existing controversy to
1-19 arbitration or a provision in a written contract to submit to
1-20 arbitration any controversy thereafter arising between the parties
1-21 is valid, enforceable and irrevocable, save upon such grounds as
1-22 exist at law or in equity for the revocation of any contract. A
1-23 court shall refuse to enforce an agreement or contract provision to
1-24 submit a controversy to arbitration if the court finds it was
1-25 unconscionable at the time the agreement or contract was made.
1-26 Provided, however, that none of the provisions of this chapter
1-27 <Act> shall apply to:
1-28 (1) <(a)> any collective bargaining agreement between
1-29 an employer and a labor union;
1-30 (2) <(b)> any contract for the acquisition by an
1-31 individual person or persons (as distinguished from a corporation,
1-32 trust, partnership, association, or other legal entity) of real or
1-33 personal property, or services, or money or credit where the total
1-34 consideration therefor to be paid or furnished by the individual is
1-35 $50,000 or less, unless said individual and the other party or
1-36 parties agree in writing to submit to arbitration and such written
1-37 agreement is signed by the parties to such agreement and their
1-38 attorneys;
1-39 (3) <(c)> any claim for personal injury except upon
1-40 the advice of counsel to both parties as evidenced by a written
1-41 agreement signed by counsel to both parties. A claim for workers'
1-42 compensation shall not be submitted to arbitration under this
1-43 chapter <Act>.
1-44 Sec. 156.002 <Art. 225>. Proceedings to compel or stay
1-45 arbitrations. (a) <Sec. A.> On application of a party showing an
1-46 agreement described in Section 156.001 <Article 224 of this Act>,
1-47 and the opposing party's refusal to arbitrate, the court shall
1-48 order the parties to proceed with arbitration; but if the opposing
1-49 party denies the existence of the agreement to arbitrate, the court
1-50 shall proceed summarily to the determination of the issue so raised
1-51 and shall order arbitration if found for the moving party;
1-52 otherwise, the application shall be denied.
1-53 (b) <Sec. B.> On application, the court may stay an
1-54 arbitration proceeding commenced or threatened on a showing that
1-55 there is no agreement to arbitrate. Such an issue, when in
1-56 substantial and bona fide dispute, shall be forthwith and summarily
1-57 tried and the stay ordered if found for the moving party. If found
1-58 for the opposing party, the court shall order the parties to
1-59 proceed to arbitration.
1-60 (c) <Sec. C.> If an issue referable to arbitration under
1-61 the alleged agreement is involved in an action or proceeding
1-62 pending in a court having jurisdiction to hear applications under
1-63 Section 156.011(a) <Section A of Article 234 of this Act>, the
1-64 application shall be made therein. Otherwise and subject to
1-65 Section 156.012 <Article 235 of this Act>, the application may be
1-66 made in any court of competent jurisdiction.
1-67 (d) <Sec. D.> Any action or proceeding involving an issue
1-68 subject to arbitration shall be stayed if an order for arbitration
2-1 or an application therefor has been made under the provisions of
2-2 this section <Article 225>, or, if the issue is severable, the stay
2-3 may be with respect thereto only. When the application is made in
2-4 such action or proceeding, the order for arbitration shall include
2-5 such stay.
2-6 (e) <Sec. E.> An order for arbitration shall not be refused
2-7 on the ground that the claim in issue lacks merit or bona fides or
2-8 because any fault or grounds for the claim sought to be arbitrated
2-9 have not been shown.
2-10 Sec. 156.003 <Art. 226>. Appointment of arbitrators by
2-11 court. If the arbitration agreement provides a method of
2-12 appointment of arbitrators, this method shall be followed. In the
2-13 absence thereof, or if the agreed method fails or for any reason
2-14 cannot be followed, or when an arbitrator appointed fails or is
2-15 unable to act and his successor has not been duly appointed, the
2-16 court on application of a party setting forth the nature of the
2-17 issues to be arbitrated and the qualifications of the proposed
2-18 arbitrators shall appoint one or more qualified arbitrators. An
2-19 arbitrator so appointed has all the powers of one specifically
2-20 named in the agreement.
2-21 Sec. 156.004 <Art. 227>. Majority action by arbitrators.
2-22 The powers of the arbitrators may be exercised by a majority unless
2-23 otherwise provided by the agreement or by this chapter <Act>.
2-24 Sec. 156.005 <Art. 228>. Hearings before arbitrators and
2-25 notices thereof. Unless otherwise provided by the agreement:
2-26 (1) <Sec. A.> The arbitrators shall appoint a time
2-27 and place for the hearing and cause notification to the parties to
2-28 be served personally or by registered or certified mail with return
2-29 receipt requested not less than five days before the hearing.
2-30 Appearance at the hearing waives such notice. The arbitrators may
2-31 adjourn the hearing from time to time as necessary and, on request
2-32 of a party and for good cause, or upon their own motion, may
2-33 postpone the hearing to a time not later than the date fixed by the
2-34 agreement for making the award unless the parties consent to a
2-35 later date. The arbitrators may hear and determine the controversy
2-36 upon the evidence produced notwithstanding the failure of a party
2-37 duly notified to appear. The court on application may direct the
2-38 arbitrators to proceed promptly with the hearing and determination
2-39 of the controversy.
2-40 (2) <Sec. B.> The parties are entitled to be heard,
2-41 to present evidence material to the controversy, and to
2-42 cross-examine witnesses appearing at the hearing.
2-43 (3) <Sec. C.> The hearing shall be conducted by all
2-44 the arbitrators but a majority may determine any question and
2-45 render a final award. If, during the course of the hearing, an
2-46 arbitrator for any reason ceases to act, the remaining arbitrator
2-47 or arbitrators appointed to act as neutrals may continue with the
2-48 hearing and determination of the controversy.
2-49 Sec. 156.006 <Art. 229>. Representation by attorneys. A
2-50 party has the right to be represented by an attorney at any
2-51 proceeding or hearing under this chapter <Act>. A waiver thereof
2-52 prior to the proceeding or hearing is ineffective.
2-53 Sec. 156.007 <Art. 230>. WITNESSES, SUBPOENAS, DEPOSITIONS
2-54 <TESTIMONY AT HEARINGS BEFORE ARBITRATORS BY WITNESSES; SUBPOENAS
2-55 AND DISPOSITIONS THEREFOR>. (a) <Sec. A.> The arbitrators shall
2-56 have the power to administer oaths required of witnesses in a civil
2-57 action pending in a district court and may cause same to be
2-58 administered by any one of them, to each witness testifying before
2-59 them.
2-60 (b) <Sec. B.> The arbitrators may authorize a deposition to
2-61 be taken of a witness who cannot be required by subpoena to appear
2-62 before them or who is unable to attend the hearing, for use as
2-63 evidence, or may authorize a deposition of an adverse witness for
2-64 discovery or evidentiary purposes, such depositions to be taken in
2-65 the manner provided by law for depositions in a civil action
2-66 pending in a district court.
2-67 (c) <Sec. C.> The arbitrators may issue or cause to be
2-68 issued by any one of them, subpoenas for the attendance of
2-69 witnesses and for the production of books, records, documents, and
2-70 other evidence; the appearance of the witness required by such a
3-1 subpoena may be either at the hearing before the arbitrators or at
3-2 the deposition of the witness. Subpoenas so issued shall be served
3-3 in the manner provided by law for the service of subpoenas issued
3-4 in a civil action pending in a district court. All provisions of
3-5 law requiring a witness under subpoena to appear, to produce and to
3-6 testify, pursuant to a subpoena issued in such a civil action,
3-7 shall apply to subpoenas issued under this section <Article>.
3-8 (d) <Sec. D.> Fees for witnesses attending any hearing
3-9 before arbitrators or any deposition pursuant to the provisions of
3-10 this section <Article>, shall be the same as for a witness in a
3-11 civil action in a district court.
3-12 Sec. 156.008 <Art. 231>. Awards by arbitrators. (a)
3-13 <Sec. A.> The award shall be in writing and signed by the
3-14 arbitrators joining in the award. The arbitrators shall deliver a
3-15 copy to each party personally or by registered or certified mail,
3-16 or as provided in the agreement.
3-17 (b) <Sec. B.> An award shall be made within the time fixed
3-18 therefor by the agreement or, if not so fixed, within such time as
3-19 the court orders on application of a party. The parties may extend
3-20 the time in writing either before or after the expiration thereof.
3-21 A party waives the objection that an award was not made within the
3-22 time required unless he notifies the arbitrators of his objection
3-23 prior to the delivery of the award to him.
3-24 Sec. 156.009 <Art. 232>. Changes of awards by arbitrators.
3-25 On application of a party or, if an application to the court is
3-26 pending under Sections 156.013, 156.014, and 156.015 <Articles 236,
3-27 237 and 238>, on submission to the arbitrators by the court under
3-28 such conditions as the court may order, the arbitrators may modify
3-29 or correct the award upon the grounds stated in Section 156.015(a)
3-30 <Section A of Article 238>, or for the purpose of clarifying the
3-31 award. The application shall be made within twenty days after
3-32 delivery of the award to the applicant. Written notice thereof
3-33 shall be given forthwith to the opposing party, stating that he
3-34 must serve his objections thereto, if any, within ten days from the
3-35 notice. The award so modified or corrected is subject to the
3-36 provisions of Sections 156.013, 156.014, and 156.015 <Articles 236,
3-37 237 and 238>.
3-38 Sec. 156.010 <Art. 233>. Fees and expenses of arbitrations
3-39 as awarded by arbitrators. Unless otherwise provided in the
3-40 agreement to arbitrate, the arbitrators' expenses and fees,
3-41 together with other expenses incurred in the conduct of the
3-42 arbitration, shall be paid as provided in the award. Attorneys
3-43 fees shall be awarded by the arbitrators as additional sums
3-44 required to be paid under the award only if provided for in the
3-45 agreement to arbitrate or provided by law as to any recovery in a
3-46 civil action in the district court on such a cause of action on
3-47 which the award in whole or in part is based.
3-48 Sec. 156.011 <Art. 234>. Courts with jurisdiction in
3-49 arbitration proceedings. (a) <Sec. A.> The term "court" as used
3-50 in this chapter <Act> shall mean and include any court of this
3-51 state <State> of competent jurisdiction as to the parties, the
3-52 subject matter, and the amount in controversy. Such a court shall
3-53 have jurisdiction to hear and determine applications as provided in
3-54 Section 156.012 <Article 235>.
3-55 (b) <Sec. B.> The making of an agreement described in
3-56 Section 156.001 <Article 224> and to which that section <Article>
3-57 is applicable (but this expressly shall not be the effect of the
3-58 making of an agreement to which that section <Article> is made
3-59 inapplicable by the last sentence thereof), which provides for or
3-60 authorizes an arbitration in this state <State>, confers
3-61 jurisdiction on the court to enforce the agreement under this
3-62 chapter <Act> and to enter judgment on an award thereunder.
3-63 Sec. 156.012 <Art. 235>. JUDICIAL PROCEEDINGS <APPLICATIONS
3-64 TO COURTS AND THE EFFECT THEREOF; COURT PROCEEDINGS ON APPLICATIONS
3-65 TO COURTS; VENUE THEREOF; STAY OF PROCEEDINGS IN ANOTHER COURT
3-66 PURSUANT TO A LATER APPLICATION; WHAT THE COURT MAY REQUIRE THAT AN
3-67 APPLICATION CONTAIN; WHEN APPLICATIONS MAY BE FILED IN ADVANCE OF
3-68 OR PENDING OR AT OR AFTER THE CONCLUSION OF ARBITRATION
3-69 PROCEEDINGS; ACQUISITION OF JURISDICTION OVER ADVERSE PARTIES BY
3-70 SERVICE OF PROCESS OR IN REM BY ANCILLARY PROCEEDINGS; COURT RELIEF
4-1 IN AID OF PENDING OR PROSPECTIVE ARBITRATION PROCEEDINGS OR THE
4-2 ENFORCEMENT OF COURT ORDERS OR DECREES OR SATISFACTION OF COURT
4-3 JUDGMENT; COURT HEARINGS ON APPLICATIONS>. (a) <Sec. A.> The
4-4 jurisdiction of a court may be invoked by the filing with the clerk
4-5 of that court of an application for the entry by the court of a
4-6 judgment or decree or order provided for by the terms of this
4-7 chapter <Act>. Upon the filing of the initial application and the
4-8 payment to the clerk of the fees of court required to be paid on
4-9 the filing of a civil action in the court, the clerk shall docket
4-10 the proceedings as a civil action pending in that court.
4-11 (b) <Sec. B.> The filing of the initial application shall
4-12 be with the clerk of the court of that county in Texas in which (if
4-13 it does so provide) the arbitration agreement shall provide that
4-14 the hearing before the arbitrators shall be held; or if the hearing
4-15 has been held, in the county in which it was held. Otherwise, the
4-16 initial application shall be filed in the county in which the
4-17 adverse party resides (or one of them if there are two or more
4-18 adverse parties) or has a place of business; or if no adverse party
4-19 has a residence or place of business in this state <State>, in any
4-20 county. The initial application filed with the clerk of a court
4-21 having jurisdiction but in a county other than as provided for in
4-22 this subsection <Section>, shall be transferred to a court of the
4-23 county provided for in this subsection <Section> by an order
4-24 comparable to an order sustaining a plea of privilege to be sued in
4-25 a civil action in a district court of a county other than the
4-26 county in which an action is filed; provided that such order of
4-27 transfer shall be entered only if applied for by a party adverse to
4-28 the applicant who files the initial application, within 20 <twenty>
4-29 days of the service of process on such adverse party and in advance
4-30 of any other appearance in the court of that adverse party other
4-31 than one challenging the jurisdiction of the court.
4-32 (c) <Sec. C.> An initial application having been so filed,
4-33 the court having jurisdiction thus invoked, may by order or orders
4-34 stay proceedings pursuant to any application later filed seeking to
4-35 invoke the jurisdiction of any other court or the entry of a
4-36 judgment or decree or order provided for by the terms of this
4-37 chapter <Act>; or may stay any civil action or other proceeding
4-38 later instituted; provided, however, that any such stay of
4-39 proceedings in any civil action or other proceeding or pursuant to
4-40 an application later filed in any other court shall be limited to
4-41 and affect only an issue subject to arbitration under the
4-42 arbitration agreement pursuant to the terms of which the initial
4-43 application was so filed.
4-44 (d) <Sec. D.> As provided in Section 156.002(c) <Section C
4-45 of Article 225>, the initial application and all subsequent
4-46 applications to the court relating to arbitration of an issue
4-47 subject to arbitration under an arbitration agreement shall be
4-48 filed in a civil action or proceeding pending in a court having
4-49 jurisdiction to hear applications under the provisions of Section
4-50 156.011(a) <Section A of Article 234> if the civil action or
4-51 proceeding is pending before the filing of the initial application
4-52 as otherwise provided by Subsection (a) <Section A of Article 235>.
4-53 (e) <Sec. E.> The court may require that an application
4-54 filed under this chapter <Act> for entry by it of any judgment or
4-55 decree or order shall show the jurisdiction of the court, shall
4-56 have attached to it a copy of the arbitration agreement, shall
4-57 define the issue or issues subject to arbitration between the
4-58 parties under the arbitration agreement, shall specify the status
4-59 of the proceedings before arbitrators and show the need for the
4-60 entry of the judgment, decree, or order by the court sought by the
4-61 applicant. No application shall be deemed inadequate because of
4-62 the absence of any of these requirements unless the court shall, in
4-63 its discretion, first require that the application as filed be
4-64 amended to meet the requirements of the court and a period of 10
4-65 <ten> days is granted to the applicant to permit him to comply.
4-66 (f) <Sec. F.> An application for entry by the court of a
4-67 judgment or decree or order provided for by the terms of this
4-68 chapter <Act> may be filed in advance of the institution of any
4-69 arbitration proceedings but in aid thereof, or during the pendency
4-70 of any arbitration proceeding before the arbitrators or, subject to
5-1 the provisions of subsequent sections <Articles> of this chapter
5-2 <Act>, at or after the conclusion thereof.
5-3 (g) <Sec. G.> In advance of the institution of any
5-4 arbitration proceedings, but in aid thereof, an application may be
5-5 filed for order or orders to be entered by the court, including but
5-6 not limited to applications:
5-7 (1) <(i)> invoking the jurisdiction of the court over
5-8 the adverse party and for effecting same by service of process on
5-9 him in advance of the institution of arbitration proceedings (it
5-10 not being required to be shown in this connection that the adverse
5-11 party is about to, or may, absent himself from the state if
5-12 jurisdiction over him is not effected by service of process on him
5-13 before the institution of arbitration proceedings); <or>
5-14 (2) <(ii)> invoking the jurisdiction of the court
5-15 over the controversy in rem, by attachment, garnishment,
5-16 sequestration, or any other ancillary proceeding in the manner by
5-17 which, and on complying with the conditions under which, such
5-18 proceedings may be instituted and conducted ancillary to a civil
5-19 action in a district court; <or>
5-20 (3) <(iii)> seeking to restrain or enjoin the
5-21 destruction of the subject matter of the controversy or any
5-22 essential part thereof, or the destruction or alteration of books,
5-23 records, documents, or evidence needed for the arbitration
5-24 proceeding, or seeking from the court in its discretion, order for
5-25 deposition or depositions needed in advance of the commencement of
5-26 the arbitration proceedings for discovery, for perpetuation of
5-27 testimony or for evidence; <or>
5-28 (4) <(iv)> seeking the appointment of arbitrator or
5-29 arbitrators so that proceedings before them under the arbitration
5-30 agreement may proceed; or
5-31 (5) <(v)> seeking any other relief, which the court
5-32 can grant in its discretion, needed to permit the orderly
5-33 arbitration proceedings to be instituted and conducted and to
5-34 prevent any improper interference or delay thereof.
5-35 (h) <Sec. H.> During the pendency of any arbitration
5-36 proceedings before the arbitrators, an application may be filed for
5-37 order or orders to be entered by the court, including but not
5-38 limited to applications:
5-39 (1) <(i)> referred to or to serve any purpose
5-40 referred to in Subsection (g) <Section G of this Article>; <or>
5-41 (2) <(ii)> to require compliance by any adverse party
5-42 or any witness with order or orders made by arbitrators during the
5-43 arbitration proceedings, pursuant to provisions of this chapter
5-44 <Act>; <or>
5-45 (3) <(iii)> to require the issuance and service under
5-46 orders of the court rather than orders made by the arbitrators, of
5-47 subpoenas, notices, or other court processes in aid of the
5-48 arbitration proceedings before the arbitrators; or in any ancillary
5-49 proceedings in rem by attachment, garnishment, sequestration, or
5-50 otherwise, in the manner of and on complying with the conditions
5-51 under which such ancillary proceedings may be instituted and
5-52 conducted ancillary to a civil action in a district court; or
5-53 (4) <(iv)> to seek to effect or maintain security for
5-54 the satisfaction of any court judgment that may be later entered
5-55 pursuant to the provisions of an award. During the pendency of the
5-56 arbitration proceedings or at or after their conclusion, an
5-57 application may be filed to seek any of the above mentioned relief
5-58 or otherwise aid in the enforcement of any court judgment or decree
5-59 or order entered pursuant to the provisions of this chapter <Act>;
5-60 or for relief as provided in Sections 156.013, 156.014, and 156.015
5-61 <Articles 236, 237 and 238>.
5-62 (i) <Sec. I.> On filing of any initial application herein
5-63 authorized, the clerk of the court shall issue process for service
5-64 upon each adverse party named therein, attaching a copy of the
5-65 application to each, and appropriate officials authorized so to do
5-66 may proceed to effect service of such process on each adverse
5-67 party, the form and substance of the process and service and the
5-68 return of service, insofar as applicable, being the form provided
5-69 for as to process and service on a defendant in a civil action in a
5-70 district court.
6-1 (j) <Sec. J.> Upon the filing of any application other than
6-2 the initial application, if the jurisdiction over the adverse party
6-3 has been established by service of process on him or in rem upon
6-4 the initial application (though, if not, then on such subsequent
6-5 application there shall be a service of process as provided for in
6-6 Subsection (i) <Section I of this Article>), each subsequent
6-7 application with reference to the same arbitration proceedings or
6-8 prospective proceedings under the same arbitration agreement and
6-9 relating to the same controversy or controversies, shall be treated
6-10 for the purposes of notice to each adverse party, as if a motion
6-11 filed in a pending civil action in a district court. Every such
6-12 subsequent application to the court for any relief and every
6-13 initial application shall be heard by the court in the manner and
6-14 pursuant to the notice provided by law or rule of court as to the
6-15 making and hearing of such a motion.
6-16 Sec. 156.013 <Art. 236>. Confirmation of an award. Upon
6-17 application of a party, the court shall confirm an award, unless
6-18 within the time limits hereinafter imposed grounds are urged for
6-19 vacating or modifying or correcting the award, in which case the
6-20 court shall proceed as provided in Sections 156.014 and 156.015
6-21 <Articles 237 and 238 of this Act>.
6-22 Sec. 156.014 <Art. 237>. Vacating an award. (a) <Sec. A.>
6-23 Upon application of a party, the court shall vacate an award where:
6-24 (1) the <The> award was procured by corruption, fraud,
6-25 or other undue means;
6-26 (2) there <There> was evident partiality by an
6-27 arbitrator appointed as a neutral or corruption in any of the
6-28 arbitrators or misconduct or wilful misbehavior of any of the
6-29 arbitrators prejudicing the rights of any party;
6-30 (3) the <The> arbitrators exceeded their powers;
6-31 (4) the <The> arbitrators refused to postpone the
6-32 hearing upon sufficient cause being shown therefor or refused to
6-33 hear evidence material to the controversy or otherwise so conducted
6-34 the hearing, contrary to the provisions of Section 156.005 <Article
6-35 228>, as to prejudice substantially the rights of a party; or
6-36 (5) there <There> was no arbitration agreement and the
6-37 issue was not adversely determined in proceedings under Section
6-38 156.002 <Article 225> and the party did not participate in the
6-39 arbitration hearing without raising the objection; but the fact
6-40 that the relief was such that it could not or would not be granted
6-41 by a court of law or equity is not ground for vacating or refusing
6-42 to confirm the award.
6-43 (b) <Sec. B.> An application under this section <Article>
6-44 shall be made within 90 <ninety> days after delivery of a copy of
6-45 the award to the applicant, except that, if predicated upon
6-46 corruption, fraud, or other undue means, it shall be made within 90
6-47 <ninety> days after such grounds are known or should have been
6-48 known.
6-49 (c) <Sec. C.> In vacating the award on grounds other than
6-50 stated in Subsection (a)(5) <paragraph 5 of Section A of this
6-51 Article>, the court may order a rehearing before new arbitrators
6-52 chosen as provided in the agreement, or in the absence thereof, by
6-53 the court in accordance with the provisions of Section 156.003
6-54 <Article 226>; or, if the award is vacated on grounds set forth in
6-55 Subsections (a)(3) and (4) <paragraphs 3 and 4 of Section A of this
6-56 Article>, the court may order a rehearing before the arbitrators
6-57 who made the award or their successors appointed in accordance with
6-58 the provisions of Section 156.003 <Article 226>. The time within
6-59 which the agreement requires the award to be made is applicable to
6-60 the rehearing and commences from the date of the order.
6-61 (d) <Sec. D.> If the application to vacate is denied and no
6-62 motion to modify or correct the award is pending, the court shall
6-63 confirm the award.
6-64 Sec. 156.015 <Art. 238>. Modification or correction of
6-65 award. (a) <Sec. A.> Upon application made within 90 <ninety>
6-66 days after delivery of a copy of the award to the applicant, the
6-67 court shall modify or correct the award where:
6-68 (1) there <There> was an evident miscalculation of
6-69 figures or an evident mistake in the description of any person,
6-70 thing, or property referred to in the award;
7-1 (2) the <The> arbitrators have awarded upon a matter
7-2 not submitted to them and the award may be corrected without
7-3 affecting the merits of the decision upon the issues submitted; or
7-4 (3) the <The> award is imperfect in a matter of form,
7-5 not affecting the merits of the controversy.
7-6 (b) <Sec. B.> If the application is granted, the court
7-7 shall modify and correct the award so as to effect its intent and
7-8 shall confirm the award as so modified and corrected. Otherwise,
7-9 the court shall confirm the award as made.
7-10 (c) <Sec. C.> An application to modify or correct an award
7-11 may be joined in the alternative with an application to vacate the
7-12 award.
7-13 Sec. 156.016 <Art. 238-1>. JUDGMENT OR DECREE UPON <an>
7-14 award; the enforcement thereof. Upon the granting of an order
7-15 confirming, modifying, or correcting an award, judgment or decree
7-16 shall be entered in conformity therewith and be enforced as any
7-17 other judgment or decree. Costs of the application and of the
7-18 proceedings subsequent thereto<,> and disbursements may be awarded
7-19 by the court.
7-20 Sec. 156.017 <Art. 238-2>. Appeals. (a) <Sec. A.> An
7-21 appeal may be taken from:
7-22 (1) an <An> order denying an application to compel
7-23 arbitration made under Section 156.002(a) <Section A of Article
7-24 225>;
7-25 (2) an <An> order granting an application to stay
7-26 arbitration made under Section 156.002(b) <Section B of Article
7-27 225>;
7-28 (3) an <An> order confirming or denying confirmation
7-29 of an award;
7-30 (4) an <An> order modifying or correcting an award;
7-31 (5) an <An> order vacating an award without directing
7-32 a rehearing; or
7-33 (6) a <A> judgment or decree entered pursuant to the
7-34 provisions of this chapter <Act>.
7-35 (b) <Sec. B.> The appeal shall be taken in the manner and
7-36 to the same extent as from orders or judgments in a civil action.
7-37 Sec. 156.018 <Art. 238-3>. CHAPTER <ACT> NOT RETROACTIVE.
7-38 The chapter <Act> applies only to agreements made after
7-39 December 31, 1965 <subsequent to the taking effect of this Act>.
7-40 Sec. 156.019 <Art. 238-4>. Uniformity of interpretation.
7-41 This chapter <Act> shall be so construed as to effectuate its
7-42 general purpose and make uniform the construction of those articles
7-43 and sections that are enacted into the law of arbitration
7-44 proceedings of other states.
7-45 Sec. 156.020 <Art. 238-5>. Severability. If any provision
7-46 of this chapter <Act> or the application thereof to any person or
7-47 circumstance is held invalid, the invalidity shall not affect other
7-48 provisions or applications of the chapter <Act> which can be given
7-49 effect without the invalid provision or application, and to this
7-50 end the provisions of this chapter <Act> are severable.
7-51 Sec. 156.021 <Art. 238-6>. NAME OF THIS CHAPTER <ACT;
7-52 DEFINITION OF TERM "THIS ACT"; EFFECT OF DIVISION INTO ARTICLES,
7-53 SECTIONS, AND PARAGRAPHS AND OF CAPTIONS OF ARTICLES>. (a) The
7-54 name of this chapter <Act> is "Texas General Arbitration Act."
7-55 <The term "this act" as used therein shall mean and refer to
7-56 Article 224 through this Article 238-6, inclusive. This Act is
7-57 divided into articles with a caption for each, with a number
7-58 assigned to each article, certain of the articles are divided into
7-59 sections with a capital letter assigned to each section and certain
7-60 of the sections are subdivided into paragraphs with a parenthetical
7-61 number assigned to each such paragraph. These subdivisions of this
7-62 Act however are for purposes of convenience only and in order that
7-63 there may be references in one provision of the Act to other
7-64 provision or provisions of the Act more readily; neither any such
7-65 subdivision of the Act nor any caption for any article however
7-66 shall be any aid to or given any effect in connection with any
7-67 construction of the Act or any part thereof.>
7-68 SECTION 2. This Act takes effect September 1, 1995.
7-69 SECTION 3. The importance of this legislation and the
7-70 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended,
8-4 and that this Act take effect and be in force from and after its
8-5 passage, and it is so enacted.
8-6 * * * * *