HBA-NIK H.B. 1991 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1991
By: Dunnam
Civil Practices
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

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.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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.