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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain arbitration agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 171, Civil Practice and |
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Remedies Code, is amended by adding Section 171.0221 to read as |
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follows: |
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Sec. 171.0221. CERTAIN ARBITRATION AGREEMENTS |
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UNENFORCEABLE. (a) In this section: |
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(1) "Antitrust dispute" means a dispute involving a |
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claim for damages caused by a violation of an antitrust law in which |
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plaintiffs seek certification as a class. |
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(2) "Civil rights dispute" means a dispute regarding a |
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violation of the United States Constitution, the constitution of |
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this state, or a statute that prohibits discrimination on the basis |
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of race, sex, disability, religion, or national origin in which a |
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party alleging a violation is an individual. |
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(3) "Consumer dispute" means a dispute between an |
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individual who seeks or acquires real or personal property, |
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services, securities or other investments, money, or credit for |
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personal, family, or household purposes and a seller or provider of |
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the property, services, investments, money, or credit. |
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(4) "Employment dispute" means a dispute between an |
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employer and an employee. |
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(b) A court may not enforce an agreement to arbitrate a |
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dispute that had not yet arisen at the time the agreement was made |
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if the agreement would require arbitration of an employment |
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dispute, consumer dispute, antitrust dispute, or civil rights |
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dispute or would have the effect of waiving the right of an employee |
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to seek judicial enforcement of a right arising under federal or |
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state law. |
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(c) This section does not apply to an agreement to arbitrate |
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between an employer and a labor union or between labor unions. |
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SECTION 2. This Act applies only to an agreement to |
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arbitrate entered into on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |