HBA-MSH H.B. 1740 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1740
By: Dunnam
Civil Practices
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Arbitration in Texas is governed by the Texas General Arbitration Act (TAA)
and the Federal Arbitration Act (FAA).  A party denied arbitration under a
TAA agreement may file an interlocutory appeal, but there is no such
provision in FAA.  Appeals of decisions that incorporate both Acts must
follow an appeal in state court and a separate request for a writ of
mandamus in federal court.  House Bill 1740 removes the provisions for
appeal under TAA, to make 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. 

ANALYSIS

House Bill 1740 amends the Civil Practice and Remedies Code to remove
provisions that provide for the appeal of a judgment or decree reached
through general arbitration. 

EFFECTIVE DATE

September 1, 2001.