S.B. No. 1216
 
 
 
 
AN ACT
  relating to determination of the validity and enforceability of a
  contract containing an arbitration agreement in suits for
  dissolution of marriage and certain suits affecting the
  parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 6, Family Code, is amended
  by adding Section 6.6015 to read as follows:
         Sec. 6.6015.  DETERMINATION OF VALIDITY AND ENFORCEABILITY
  OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (a)  If a party to a
  suit for dissolution of a marriage opposes an application to compel
  arbitration or makes an application to stay arbitration and asserts
  that the contract containing the agreement to arbitrate is not
  valid or enforceable, notwithstanding any provision of the contract
  to the contrary, the court shall try the issue promptly and may
  order arbitration only if the court determines that the contract
  containing the agreement to arbitrate is valid and enforceable
  against the party seeking to avoid arbitration.
         (b)  A determination under this section that a contract is
  valid and enforceable does not affect the court's authority to stay
  arbitration or refuse to compel arbitration on any other ground
  provided by law.
         (c)  This section does not apply to:
               (1)  a court order;
               (2)  a mediated settlement agreement described by
  Section 6.602;
               (3)  a collaborative law agreement described by Section
  6.603;
               (4)  a written settlement agreement reached at an
  informal settlement conference described by Section 6.604; or
               (5)  any other agreement between the parties that is
  approved by a court.
         SECTION 2.  Subchapter A, Chapter 153, Family Code, is
  amended by adding Section 153.00715 to read as follows:
         Sec. 153.00715.  DETERMINATION OF VALIDITY AND
  ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE.
  (a)  If a party to a suit affecting the parent-child relationship
  opposes an application to compel arbitration or makes an
  application to stay arbitration and asserts that the contract
  containing the agreement to arbitrate is not valid or enforceable,
  notwithstanding any provision of the contract to the contrary, the
  court shall try the issue promptly and may order arbitration only if
  the court determines that the contract containing the agreement to
  arbitrate is valid and enforceable against the party seeking to
  avoid arbitration.
         (b)  A determination under this section that a contract is
  valid and enforceable does not affect the court's authority to stay
  arbitration or refuse to compel arbitration on any other ground
  provided by law.
         (c)  This section does not apply to:
               (1)  a court order;
               (2)  an agreed parenting plan described by Section
  153.007;
               (3)  a mediated settlement agreement described by
  Section 153.0071;
               (4)  a collaborative law agreement described by Section
  153.0072; or
               (5)  any other agreement between the parties that is
  approved by a court.
         SECTION 3.  The changes in law made by this Act apply only to
  a contract entered into on or after the effective date of this Act.
  A contract entered into before the effective date of this Act is
  governed by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1216 passed the Senate on
  April 20, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1216 passed the House, with
  amendment, on May 23, 2011, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor