SRC-JLB S.B. 998 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 998
78R837 AJA-DBy: West, Royce
Jurisprudence
4/24/2003
As Filed


DIGEST AND PURPOSE 

Currently, courts have no means of identifying or tracking individuals or
entities providing arbitration services in Texas, which the courts
sanction through its actions.  As proposed, S.B. 998 requires persons
providing arbitration or arbitration services to register annually with
the secretary of state;  requires the secretary of state to maintain an
updated list of all arbitrators;  and provides that persons not on the
list are ineligible to conduct or administer a court-ordered arbitration. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 7, Civil Practice and Remedies Code, by adding
Chapter 180, as follows: 

CHAPTER 180.  REGISTRATION OF ARBITRATORS AND ARBITRATION SERVICES
PROVIDERS 

SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 180.001.  DEFINITIONS.  Defines "arbitration services provider" and
"arbitrator." 
  
Sec. 180.002.  APPLICABILITY.  Provides that the requirements of this
chapter supplement, in any arbitration held in this state, the arbitration
law of this state and any other state and the Federal Arbitration Act (9
U.S.C. Sections 1-16) and apply to any arbitration subject to those laws. 

[Reserves Sections 180.003-180.050 for expansion.]

SUBCHAPTER B.  REGISTRATION WITH SECRETARY OF STATE

Sec. 180.051.  REGISTRATION REQUIREMENTS; PUBLIC INFORMATION.  (a)
Requires each arbitrator or arbitration services provider to register
annually with the office of the secretary of state in the format required
by the secretary of state, providing the arbitrator or arbitration
services provider's name, mailing address, and phone number. Requires the
arbitrator or arbitration services provider to submit a $10 fee with the
initial registration submitted under this subsection. 
 
(b)  Requires the secretary of state to maintain an updated list of
arbitrators and arbitration services providers and make the list available
to the public. 
 
Sec. 180.052.  INELIGIBILITY TO CONDUCT OR ADMINISTER ARBITRATION.
Provides that an arbitrator or arbitration services provider who is not
registered with the office of the secretary of state as required by
Section 180.051 is ineligible to conduct or administer a court-ordered
arbitration. 
 
SECTION 2.  (a) Provides that for the purposes of this section, the date
an arbitration is commenced is the date an arbitrator, as defined by
Section 180.001, Civil Practice and Remedies Code, as added by this Act,
is selected or appointed. 
 
(b)  Effective date:  September 1, 2003.  Makes application of this Act to
an arbitration prospective to January 1, 2004.