SRC-DPW H.B. 1991 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1991
76R8182 DLF-DBy: Dunnam (Sibley)
Economic Development
5/14/1999
Engrossed


DIGEST 

Arbitration in Texas may be governed by the Texas Arbitration Act (TAA),
the Federal Arbitration Act (FAA), or a combination of the two. While a
party who is denied arbitration under an agreement that incorporates TAA
may file an interlocutory appeal, there is no similar right to file an
interlocutory appeal of a denial of an agreement under FAA. Therefore,
appeals of decisions that incorporate both Acts must follow two tracks: an
appeal in state court and a separate request for a writ of mandamus in
federal court. H.B. 1991 amends the Civil Practice and Remedies Code to
remove the provisions for appeal under Chapter 171 (Arbitration), making
the appeal of decisions during the arbitration process the same under both
federal and Texas law.  

PURPOSE

As proposed, H.B. 1991 repeals Section 171.098, Civil Practice Remedies,
relating to appeal of certain court orders and judgments relating to
arbitration. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency..  

SECTION BY SECTION ANALYSIS

SECTION 1. Repealer: Section 171.098, Civil Practice and Remedies Code
(Appeal).  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.