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AN ACT
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relating to determination of the validity and enforceability of a |
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contract containing an arbitration agreement in suits for |
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dissolution of marriage and certain suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 6, Family Code, is amended |
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by adding Section 6.6015 to read as follows: |
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Sec. 6.6015. DETERMINATION OF VALIDITY AND ENFORCEABILITY |
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OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (a) If a party to a |
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suit for dissolution of a marriage opposes an application to compel |
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arbitration or makes an application to stay arbitration and asserts |
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that the contract containing the agreement to arbitrate is not |
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valid or enforceable, notwithstanding any provision of the contract |
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to the contrary, the court shall try the issue promptly and may |
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order arbitration only if the court determines that the contract |
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containing the agreement to arbitrate is valid and enforceable |
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against the party seeking to avoid arbitration. |
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(b) A determination under this section that a contract is |
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valid and enforceable does not affect the court's authority to stay |
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arbitration or refuse to compel arbitration on any other ground |
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provided by law. |
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(c) This section does not apply to: |
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(1) a court order; |
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(2) a mediated settlement agreement described by |
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Section 6.602; |
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(3) a collaborative law agreement described by Section |
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6.603; |
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(4) a written settlement agreement reached at an |
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informal settlement conference described by Section 6.604; or |
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(5) any other agreement between the parties that is |
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approved by a court. |
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SECTION 2. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.00715 to read as follows: |
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Sec. 153.00715. DETERMINATION OF VALIDITY AND |
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ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. |
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(a) If a party to a suit affecting the parent-child relationship |
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opposes an application to compel arbitration or makes an |
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application to stay arbitration and asserts that the contract |
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containing the agreement to arbitrate is not valid or enforceable, |
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notwithstanding any provision of the contract to the contrary, the |
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court shall try the issue promptly and may order arbitration only if |
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the court determines that the contract containing the agreement to |
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arbitrate is valid and enforceable against the party seeking to |
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avoid arbitration. |
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(b) A determination under this section that a contract is |
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valid and enforceable does not affect the court's authority to stay |
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arbitration or refuse to compel arbitration on any other ground |
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provided by law. |
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(c) This section does not apply to: |
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(1) a court order; |
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(2) an agreed parenting plan described by Section |
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153.007; |
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(3) a mediated settlement agreement described by |
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Section 153.0071; |
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(4) a collaborative law agreement described by Section |
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153.0072; or |
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(5) any other agreement between the parties that is |
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approved by a court. |
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SECTION 3. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1216 passed the Senate on |
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April 20, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1216 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |