reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.117. Settlement

Sec. 172.117.  SETTLEMENT.  (a)  An arbitration tribunal may:
(1)  encourage settlement of the dispute;  and
(2)  with the agreement of the parties, use mediation, conciliation, or another procedure at any time during the arbitration to encourage settlement.
(b)  The arbitration tribunal shall terminate the arbitration if the parties settle the dispute.
(c)  If requested by the parties and not objected to by the arbitration tribunal, the tribunal shall record the settlement in the form of an award on agreed terms.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter E. Arbitration Proceedings › Section 172.118. Termination of Proceedings

Sec. 172.118.  TERMINATION OF PROCEEDINGS.  (a)  An arbitration is terminated by the final arbitration award or by an order of the arbitration tribunal under Subsection (b).  The award is final on the expiration of the applicable period under Section 172.147.
(b)  The arbitration tribunal shall issue an order for the termination of the arbitration if:
(1)  the claimant withdraws the claim, unless the respondent objects to the order and the arbitration tribunal recognizes a legitimate interest on the respondent's part in obtaining a final settlement of the dispute;
(2)  the parties agree to the termination of the arbitration;  or
(3)  the tribunal finds that continuation of the arbitration is unnecessary or impossible.
(c)  Subject to Sections 172.147, 172.148, and 172.149, the mandate of the arbitration tribunal ends with the termination of the arbitration.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.141. Form and Content of Arbitration Award

Sec. 172.141.  FORM AND CONTENT OF ARBITRATION AWARD.  (a)  An arbitration award must be in writing and signed by all the members of the arbitration tribunal.  In an arbitration with more than one arbitrator, the signatures of the majority of the members of the tribunal are sufficient if the reason for an omitted signature is stated.
(b)  The arbitration award must state the reasons on which it is based, unless the parties have agreed that no reasons are to be given, or the award is an award on agreed terms under Section 172.117.
(c)  The arbitration award must state its date and the place of arbitration as determined under Section 172.106.  The award is considered to have been made at that place.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.142. Delivery of Award

Sec. 172.142.  DELIVERY OF AWARD.  After the arbitration award is made, a signed copy shall be delivered to each party.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.143. Interim Award

Sec. 172.143.  INTERIM AWARD.  (a)  The arbitration tribunal may, at any time during the arbitration, make an interim arbitration award on a matter with respect to which it may make a final award.
(b)  An interim arbitration award is enforceable in the same manner as a final award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.144. Interest

Sec. 172.144.  INTEREST.  Except as agreed by the parties, the arbitration tribunal may award interest.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.145. Costs

Sec. 172.145.  COSTS.  (a)  Except as agreed by the parties, an award of costs of an arbitration is at the discretion of the arbitration tribunal.
(b)  In making an order for costs:
(1)  the arbitration tribunal may include any expenses incurred in connection with the arbitration, including:
(A)  the fees and expenses of the arbitrators and expert witnesses;
(B)  legal fees and expenses;  and
(C)  administration fees of the institution supervising the arbitration;  and
(2)  the tribunal may specify:
(A)  the party entitled to costs;
(B)  the party required to pay costs;
(C)  the amount of costs or method of determining that amount;  and
(D)  the manner in which the costs are to be paid.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.146. Award on Agreed Terms

Sec. 172.146.  AWARD ON AGREED TERMS.  (a)  The arbitration tribunal shall make an award on agreed terms as provided by Section 172.117.  An award on agreed terms must state that it is an arbitration award.
(b)  An award on agreed terms has the same status and effect as any other arbitration award on the substance of the dispute.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.147. Correction and Interpretation of Awards

Sec. 172.147.  CORRECTION AND INTERPRETATION OF AWARDS.  (a)  Not later than the 30th day after the date of receipt of the arbitration award, unless another period has been agreed to by the parties, a party may request the arbitration tribunal to:
(1)  correct in the award a computation, clerical, or typographical error or a similar error;  and
(2)  interpret a part of the award, if agreed by the parties.
(b)  If the arbitration tribunal considers a request under Subsection (a) to be justified, it shall make the correction or give the interpretation not later than the 30th day after the date of receipt of the request.  The interpretation or correction becomes part of the arbitration award.
(c)  The arbitration tribunal may correct an error described by Subsection (a)(1) on its own initiative not later than the 30th day after the date of the arbitration award.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.148. Additional Award

Sec. 172.148.  ADDITIONAL AWARD.  (a)  Except as agreed by the parties, a party may request, not later than the 30th day after the date of receipt of the arbitration award, that the arbitration tribunal make an additional award for a claim presented in the arbitration but omitted from the award.
(b)  If the arbitration tribunal considers the request to be justified, the tribunal shall make the additional award not later than the 60th day after the date of receipt of the request.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.149. Extension of Time

Sec. 172.149.  EXTENSION OF TIME.  The arbitration tribunal may, if necessary, extend the period within which it may make a correction, give an interpretation, or make an additional award under Section 172.147 or 172.148.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter F. Arbitration Award › Section 172.150. Applicable Law

Sec. 172.150.  APPLICABLE LAW.  Sections 172.141, 172.142, 172.144, and 172.145 apply to:
(1)  a correction or interpretation of an arbitration award under Section 172.147;  or
(2)  an additional award made under Section 172.148.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter G. Judicial Proceedings › Section 172.171. Role of Court

Sec. 172.171.  ROLE OF COURT.  A court may not intervene in a matter governed by this chapter except as provided by this chapter or federal law.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter G. Judicial Proceedings › Section 172.172. Assistance in Taking Evidence

Sec. 172.172.  ASSISTANCE IN TAKING EVIDENCE.  The arbitration tribunal or a party with the approval of the tribunal may request assistance from a district court in taking evidence, and the court may provide the assistance according to its rules on taking evidence.  The tribunal or a party shall select the district court in the manner provided by Section 171.096.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter G. Judicial Proceedings › Section 172.173. Consolidation

Sec. 172.173.  CONSOLIDATION.  (a)  If the parties to two or more arbitration agreements agree, in the respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of the agreements, a district court, on application by a party with the consent of each other party to the agreements, may:
(1)  order the arbitrations consolidated on terms the court considers just and necessary;
(2)  if all the parties cannot agree on a tribunal for the consolidated arbitration, appoint an arbitration tribunal as provided by Section 172.055;  and
(3)  if all the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order the court considers necessary.
(b)  The arbitration tribunal or the party shall select the district court in the manner provided by Section 171.096.
(c)  This section does not prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any step necessary to effect that consolidation.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter G. Judicial Proceedings › Section 172.174. Stay of Court Proceedings

Sec. 172.174.  STAY OF COURT PROCEEDINGS.  (a)  On request of a party, a court in which a pending judicial proceeding is being brought by a party to an arbitration agreement to obtain relief with respect to a matter covered by the arbitration agreement shall:
(1)  stay the judicial proceeding;  and
(2)  refer the parties to arbitration.
(b)  A party may not make a request for a stay after the time the requesting party submits the party's first statement on the substance of the dispute.
(c)  The court may not stay the proceeding if it finds that the agreement is void, inoperable, or incapable of being performed.
(d)  An arbitration may begin or continue, and an arbitration tribunal may make an award, while an action described in this section is pending before the court.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter G. Judicial Proceedings › Section 172.175. Interim Orders

Sec. 172.175.  INTERIM ORDERS.  (a)  A party to an arbitration agreement may request an interim measure of protection from a district court before or during an arbitration.
(b)  A party to an arbitration may request from the court enforcement of an order of an arbitration tribunal granting an interim measure of protection under Section 172.083.  The court shall grant enforcement as provided by the law applicable to the type of interim relief requested.
(c)  In connection with a pending arbitration, the court may take appropriate action, including:
(1)  ordering an attachment issued to assure that the award to which the applicant may be entitled is not rendered ineffectual by the dissipation of party assets;  or
(2)  granting a preliminary injunction to protect a trade secret or to conserve goods that are the subject matter of the dispute.
(d)  In considering a request for interim relief, the court shall give preclusive effect to a finding of fact of the arbitration tribunal in the arbitration, including a finding of fact relating to the probable validity of the claim that is the subject of the order for interim relief that the tribunal has granted, if the interim order is consistent with public policy.
(e)  If the arbitration tribunal has not ruled on an objection to its jurisdiction, the court may not grant preclusive effect to the tribunal's finding until the court makes an independent finding as to the jurisdiction of the tribunal.  If the court rules that the tribunal did not have jurisdiction under applicable law, the court shall deny the application for interim measures of relief.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.201. Policy

Sec. 172.201.  POLICY.  It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation under this chapter to resolve disputes arising from those agreements or transactions through conciliation.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-18 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.202. Appointment of Conciliator

Sec. 172.202.  APPOINTMENT OF CONCILIATOR.  The parties to an agreement or transaction may select or permit an arbitration tribunal or other third party to select one or more persons to serve as the conciliator or conciliators to assist the parties in an independent and impartial manner to reach an amicable settlement of the dispute.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-19 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.203. Conduct of Conciliation

Sec. 172.203.  CONDUCT OF CONCILIATION.  (a)  A conciliator:
(1)  shall be guided by principles of objectivity, fairness, and justice;  and
(2)  shall consider, among other things:
(A)  the rights and obligations of the parties;
(B)  the usages of the trade concerned;  and
(C)  the circumstances surrounding the dispute, including any previous practices between the parties.
(b)  The conciliator may conduct the conciliation in a manner that the conciliator considers appropriate, considering the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute.
(c)  Except as provided by this chapter, a law of this state governing procedure, other than this chapter, does not apply to conciliation under this chapter.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-20 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.204. Representation and Assistance

Sec. 172.204.  REPRESENTATION AND ASSISTANCE.  In a conciliation proceeding, each party may appear in person or be represented or assisted by a person of the party's choice.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-21 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.205. Draft Conciliation Settlement

Sec. 172.205.  DRAFT CONCILIATION SETTLEMENT.  (a)  At any time during the conciliation, the conciliator may prepare a draft conciliation settlement and send a copy to each party, stating the time within which each party must approve the settlement.  The draft conciliation settlement may include the assessment and apportionment of costs between the parties.
(b)  A party is not required to accept a proposed conciliation settlement.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-22 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.206. Confidentiality

Sec. 172.206.  CONFIDENTIALITY.  (a)  Evidence of anything said or of an admission made in the course of a conciliation is not admissible in evidence, and disclosure of that evidence may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given.
(b)  Except as provided by a document prepared for the purpose of, in the course of, or pursuant to the conciliation, the document or a copy of the document is not admissible in evidence, and disclosure of the document may not be compelled in an arbitration or civil action in which, under law, testimony may be compelled to be given.
(c)  Subsection (a) does not limit the admissibility of evidence if each party participating in conciliation consents to the disclosure.
(d)  If evidence is offered in violation of this section, the arbitration tribunal or the court shall make any order it considers appropriate to deal with the matter, including an order restricting the introduction of evidence or dismissing the case without prejudice.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-23 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.207. Stay of Arbitration and Resort to Other Proceedings

Sec. 172.207.  STAY OF ARBITRATION AND RESORT TO OTHER PROCEEDINGS.  (a)  The agreement of the parties to submit a dispute to conciliation is an agreement of the parties to stay a judicial proceeding or arbitration from the beginning of conciliation until the termination of conciliation.
(b)  Each applicable limitation period, including a period of prescription, is tolled or extended on the beginning of a conciliation under this chapter for each party to the conciliation until the 10th day following the date of termination of the conciliation.
(c)  For purposes of this section, conciliation begins when a party requests conciliation of a dispute and each other party agrees to participate in the conciliation.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-24 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.208. Termination of Conciliation

Sec. 172.208.  TERMINATION OF CONCILIATION.  (a)  A conciliation proceeding may be terminated as to each party by:
(1)  a written declaration of each conciliator, after consultation with the parties, that further efforts at conciliation are not justified, on the date of the declaration;
(2)  a written declaration of each party addressed to each conciliator that the conciliation is terminated, on the date of the declaration;  or
(3)  the signing of a settlement agreement by each party, on the date of the agreement.
(b)  The conciliation proceedings may be terminated as to particular parties by:
(1)  a written declaration of a party to each other party and each conciliator, if appointed, that the conciliation is terminated as to that party, on the date of the declaration;  or
(2)  the signing of a settlement agreement by some of the parties, on the date of the agreement.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-25 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.209. Conflict of Interest

Sec. 172.209.  CONFLICT OF INTEREST.  Except as provided by rules adopted for the conciliation or arbitration, a person who has served as conciliator may not be appointed as an arbitrator for or take part in an arbitration or judicial proceeding in the same dispute unless each party consents to the participation.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-26 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.210. Participation Not Waiver of Rights

Sec. 172.210.  PARTICIPATION NOT WAIVER OF RIGHTS.  (a)  A party by submitting to conciliation does not waive a right or remedy that party would have had if conciliation had not been initiated.
(b)  Subsection (a) does not apply to the waiver of a right or remedy stated in a settlement resulting from the conciliation.
Added by Acts 1989, 71st Leg., ch. 109, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Vernon's Ann.Civ.St. art. 249-27 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.211. Enforceability

Sec. 172.211.  ENFORCEABILITY.  A conciliation agreement has the same force and effect as a final arbitration award if the agreement:
(1)  settles the dispute;
(2)  is in writing;  and
(3)  is signed by each conciliator and each party or a representative of each party.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.212. Costs

Sec. 172.212.  COSTS.  (a)  On termination of the conciliation proceedings, the conciliator shall set the costs of the conciliation and give written notice of the costs to each party.
(b)  The parties shall bear the costs equally unless the settlement agreement provides for a different apportionment.  A party shall bear any other expense incurred by that party.
(c)  In this section, "costs" includes only:
(1)  a reasonable fee to be paid to each conciliator;
(2)  travel and other reasonable expenses of each conciliator and each witness requested by the conciliator with the consent of each party;
(3)  the cost of expert advice requested by the conciliator with the consent of each party;  and
(4)  any court cost.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.213. No Consent to Jurisdiction

Sec. 172.213.  NO CONSENT TO JURISDICTION.  A request for conciliation, a consent to participate or participation in the conciliation, or the entering into a conciliation agreement or settlement is not consent to the jurisdiction of a court in this state if conciliation fails.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.214. Not Subject to Service of Process

Sec. 172.214.  NOT SUBJECT TO SERVICE OF PROCESS.  A conciliator, party, or representative of a conciliator or party, while present in this state to arrange for or participate in conciliation under this chapter, is not subject to service of process in a civil matter related to the conciliation.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 172 - Arbitration and Conciliation of International Commercial Disputes › Subchapter H. Provisions Relating Only to Conciliation › Section 172.215. Conciliator Immune

Sec. 172.215.  CONCILIATOR IMMUNE.  A conciliator is not liable in an action for damages resulting from an act or omission in the performance of the person's role as a conciliator in a proceeding subject to this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 173 - Arbitration of Certain Controversies Involving Members of Certain Nonprofit Entities › Section 173.001. Purpose

Sec. 173.001.  PURPOSE.  The purpose of this chapter is to abrogate the common law arbitration rule prohibiting specific enforcement of executory arbitration agreements.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 173 - Arbitration of Certain Controversies Involving Members of Certain Nonprofit Entities › Section 173.002. Scope of Chapter

Sec. 173.002.  SCOPE OF CHAPTER.  (a)  This chapter applies only to the arbitration of a controversy between members of an association or corporation or between a corporation and its members if the association or corporation is:
(1)  exempt from the payment of federal income taxes under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization under Section 501(c) of the code; or
(2)  incorporated under:
(A)  the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); or
(B)  Subchapter C, Chapter 23, Business Organizations Code.
(b)  This chapter does not apply to the arbitration of a controversy between:
(1)  members of:
(A)  a property owners' association, as defined by Section 209.002, Property Code;
(B)  a condominium council of owners, as defined by Section 81.002, Property Code; or
(C)  a condominium unit owners' association organized under Section 82.101, Property Code; or
(2)  an association or council of owners described by Subdivision (1) and a member of that association or council of owners.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.03, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 750 (H.B. 3949), Sec. 2, eff. June 12, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 173 - Arbitration of Certain Controversies Involving Members of Certain Nonprofit Entities › Section 173.003. Agreement or Bylaw Provision Valid

Sec. 173.003.  AGREEMENT OR BYLAW PROVISION VALID.  (a)  A written agreement to submit a controversy to arbitration at common law is valid and enforceable if the agreement is to arbitrate a controversy that arises between the parties after the date of the agreement.
(b)  A party may revoke the agreement only on a ground that exists at law or in equity for the revocation of a contract.
(c)  A provision in the bylaws of a nonprofit corporation incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) or under Subchapter C, Chapter 23, Business Organizations Code, that requires a member of the corporation to arbitrate at common law a controversy that subsequently arises between members or between the corporation and its members is a valid, enforceable, and irrevocable agreement by a member of the corporation to arbitrate the controversy.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.03, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 750 (H.B. 3949), Sec. 3, eff. June 12, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 7 - Alternate Methods of Dispute Resolution › Chapter 173 - Arbitration of Certain Controversies Involving Members of Certain Nonprofit Entities › Section 173.004. Common Law Preserved

Sec. 173.004.  COMMON LAW PRESERVED.  This chapter is cumulative of other law relating to common law arbitration.  Except as specifically provided by this chapter, this chapter does not abrogate or repeal that other law.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 5.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.02. Effective Date

This Code shall take effect and be in force on and after January 1, 1966.  The procedure herein prescribed shall govern all criminal proceedings instituted after the effective date of this Act and all proceedings pending upon the effective date hereof insofar as are applicable.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.025. Severability

If any provision of this code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the code that can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.01, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.026. Construction

The articles contained in Chapter 722 (S.B. 107), Acts of the 59th Legislature, Regular Session, 1965, as revised, rewritten, changed, combined, and codified, may not be construed as a continuation of former laws except as otherwise provided in that Act.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.01, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.03. Objects of This Code

This Code is intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, and to make the rules of procedure in respect to the prevention and punishment of offenses intelligible to the officers who are to act under them, and to all persons whose rights are to be affected by them.  It seeks:
1. To adopt measures for preventing the commission of crime;
2. To exclude the offender from all hope of escape;
3. To insure a trial with as little delay as is consistent with the ends of justice;
4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
5. To insure a fair and impartial trial;  and
6. The certain execution of the sentence of the law when declared.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.04. Due Course of Law

No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.05. Rights of Accused

In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury.  He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof.  He shall not be compelled to give evidence against himself.  He shall have the right of being heard by himself, or counsel, or both;  shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor.  No person shall be held to answer for a felony unless on indictment of a grand jury.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.052. Signed Pleadings of Defendant

(a)  A pleading, motion, and other paper filed for or on behalf of a defendant represented by an attorney must be signed by at least one attorney of record in the attorney's name and state the attorney's address.  A defendant who is not represented by an attorney must sign any pleading, motion, or other paper filed for or on the defendant's behalf and state the defendant's address.
(b) The signature of an attorney or a defendant constitutes a certificate by the attorney or defendant that the person has read the pleading, motion, or other paper and that to the best of the person's knowledge, information, and belief formed after reasonable inquiry that the instrument is not groundless and brought in bad faith or groundless and brought for harassment, unnecessary delay, or other improper purpose.
(c) If a pleading, motion, or other paper is not signed, the court shall strike it unless it is signed promptly after the omission is called to the attention of the attorney or defendant.
(d) An attorney or defendant who files a fictitious pleading in a cause for an improper purpose described by Subsection (b) or who makes a statement in a pleading that the attorney or defendant knows to be groundless and false to obtain a delay of the trial of the cause or for the purpose of harassment shall be held guilty of contempt.
(e) If a pleading, motion, or other paper is signed in violation of this article, the court, on motion or on its own initiative, after notice and hearing, shall impose an appropriate sanction, which may include an order to pay to the other party or parties to the prosecution or to the general fund of the county in which the pleading, motion, or other paper was filed the amount of reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorney's fees.
(f) A court shall presume that a pleading, motion, or other paper is filed in good faith.  Sanctions under this article may not be imposed except for good cause stated in the sanction order.
(g) A plea of "not guilty" or "no contest" or "nolo contendere" does not constitute a violation of this article.  An allegation that an event took place or occurred on or about a particular date does not constitute a violation of this article.
(h) In this article, "groundless" means without basis in law or fact and not warranted by a good faith argument for the extension, modification, or reversal of existing law.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 11, eff. May 21, 1997.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.053. Present Ability to Pay

Except as otherwise specifically provided, in determining a defendant's ability to pay for any purpose, the court shall consider only the defendant's present ability to pay.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.01, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.06. Searches and Seizures

The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches.  No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.07. Right to Bail

Any person shall be eligible for bail unless denial of bail is expressly permitted by the Texas Constitution or by other law.  This provision may not be construed to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 2, eff. January 1, 2022.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.10. Jeopardy

No person for the same offense shall be twice put in jeopardy of life or liberty;  nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.11. Acquittal a Bar

An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have been;  but if the defendant shall have been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.13. Waiver of Trial by Jury

(a)  The defendant in a criminal prosecution for any offense other than a capital felony case in which the state notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that, except as provided by Article 27.19, the waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the state.  The consent and approval by the court shall be entered of record on the minutes of the court, and the consent and approval of the attorney representing the state shall be in writing, signed by that attorney, and filed in the papers of the cause before the defendant enters the defendant's plea.
(b) In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if the attorney representing the State, in writing and in open court, consents to the waiver.
(c) A defendant may agree to waive a jury trial regardless of whether the defendant is represented by an attorney at the time of making the waiver, but before a defendant charged with a felony who has no attorney can agree to waive the jury, the court must appoint an attorney to represent him.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 1, eff. Sept. 1, 1991;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 285, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1031 (H.B. 2847), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.14. Waiver of Rights

(a)  The defendant in a criminal prosecution for any offense may waive any rights secured him by law except that a defendant in a capital felony case may waive the right of trial by jury only in the manner permitted by Article 1.13(b) of this code.
(b) If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he waives and forfeits the right to object to the defect, error, or irregularity and he may not raise the objection on appeal or in any other postconviction proceeding.  Nothing in this article prohibits a trial court from requiring that an objection to an indictment or information be made at an earlier time in compliance with Article 28.01 of this code.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 1, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.
Amended by Acts 1985, 69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985;  Acts 1991, 72nd Leg., ch. 652, Sec. 2, eff. Sept. 1, 1991.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.141. Waiver of Indictment for Noncapital Felony

A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment of any offense other than a capital felony.  On waiver as provided in this article, the accused shall be charged by information.
Added by Acts 1971, 62nd Leg., p. 1148, ch. 260, Sec. 1, eff. May 19, 1971.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.15. Jury in Felony

No person can be convicted of a felony except upon the verdict of a jury duly rendered and recorded, unless the defendant, upon entering a plea, has in open court in person waived his right of trial by jury in writing in accordance with Articles 1.13 and 1.14;  provided, however, that it shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support the same.  The evidence may be stipulated if the defendant in such case consents in writing, in open court, to waive the appearance, confrontation, and cross-examination of witnesses, and further consents either to an oral stipulation of the evidence and testimony or to the introduction of testimony by affidavits, written statements of witnesses, and any other documentary evidence in support of the judgment of the court.  Such waiver and consent must be approved by the court in writing, and be filed in the file of the papers of the cause.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 2, eff. Aug. 28, 1967;  Acts 1971, 62nd Leg., p. 3028, ch. 996, Sec. 1, eff. June 15, 1971;  Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.16. Liberty of Speech and Press

Every person shall be at liberty to speak, write or publish his opinion on any subject, being liable for the abuse of that privilege;  and no law shall ever be passed curtailing the liberty of speech or of the press.  In prosecutions for the publication of papers investigating the conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence.  In all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 1 - General Provisions › Article 1.17. Religious Belief

No person shall be disqualified to give evidence in any court of this State on account of his religious opinions, or for the want of any religious belief;  but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.