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78R837 AJA-D

By:  West                                                         S.B. No. 998



A BILL TO BE ENTITLED

AN ACT

relating to registration of arbitrators and arbitration services 
providers with the secretary of state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 7, Civil Practice and Remedies Code, is 
amended by adding Chapter 180 to read as follows:

CHAPTER 180.  REGISTRATION OF ARBITRATORS AND ARBITRATION SERVICES 
PROVIDERS

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 180.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Arbitration services provider" means a person 
that holds itself out as:
			(A)  managing, coordinating, or administering 
arbitrations;         
			(B)  providing the services of arbitrators;                           
			(C)  making referrals or appointments to 
arbitrators; or            
			(D)  providing lists of arbitrators.                                  
		(2)  "Arbitrator" means a neutral individual, 
including a member of a panel of neutral individuals, who hears the 
claims of the parties to a dispute and renders a decision and who 
is:
			(A)  chosen by the parties to the dispute;                            
			(B)  appointed by a court; or                                         
			(C)  selected by an arbitration services provider 
under an agreement of the parties or applicable rules.
	Sec. 180.002.  APPLICABILITY. 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.

[Sections 180.003-180.050 reserved for expansion]

SUBCHAPTER B.  REGISTRATION WITH SECRETARY OF STATE
	Sec. 180.051.  REGISTRATION REQUIREMENTS; PUBLIC 
INFORMATION.  (a)  Each arbitrator or arbitration services provider 
shall 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.  The arbitrator or arbitration services 
provider shall submit a $10 fee with the initial registration 
submitted under this subsection.
	(b)  The secretary of state shall 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.  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) 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)  This Act takes effect September 1, 2003, and applies 
only to an arbitration commenced on or after January 1, 2004.  An 
arbitration commenced before January 1, 2004, is governed by the 
law applicable to arbitrations immediately before January 1, 2004, 
and that law is continued in effect for that purpose.