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


Office of House Bill AnalysisC.S.H.B. 1740
By: Dunnam
Civil Practices
4/4/2001
Committee Report (Substituted)



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.  C.S.H.B. 1740 expands the right to appeal an
agreement reached through general arbitration to conform to federal
statutes. 

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

C.S.H.B. 1740 amends the Civil Practice and Remedies Code to authorize a
party to a general arbitration agreement to appeal an order granting an
application to compel arbitration, denying an application to stay
arbitration, vacating an award, or that would be appealable under federal
arbitration provisions. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1740 provides for the appeal of certain orders reached through
general arbitration including those that would be appealable under federal
arbitration provisions, whereas the original bill repealed a provision that
provides for the appeal of a judgment or decree reached through general
arbitration.