Suspending limitations on conference committee

jurisdiction, S.B. No. 334 (Duncan/B. Keffer)







By:  Keffer of Dallas                                 H.R. No. 2222


R E S O L U T I O N
	BE IT RESOLVED by the House of Representatives of the State of 
Texas, 79th Legislature, Regular Session, 2005, That House Rule 13, 
Section 9(a), be suspended in part as provided by House Rule 13, 
Section 9(f), to enable the conference committee appointed to 
resolve the differences on Senate Bill 334 (the remedy provided for 
failure to disclose certain information in certain residential 
construction contracts) to consider and take action on the 
following matter:
	House Rule 13, Section 9(a)(4), is suspended to permit the 
committee to add SECTIONS 1 and 3 to the bill to read as follows:
	SECTION 1.  Chapter 26, Civil Practice and Remedies Code, is 
amended by adding Subchapter C to read as follows:

SUBCHAPTER C.  CERTAIN CLASS ACTIONS PROHIBITED
	Sec. 26.151.  FAILURE TO DISCLOSE CERTAIN INFORMATION IN 
RESIDENTIAL CONSTRUCTION CONTRACT.  A cause of action under Section 
27.007, Property Code, may not be the subject of a class action.
	SECTION 3.  The change in law made by Subchapter C, Chapter 
26, Civil Practice and Remedies Code, as added by this Act, applies 
only to the certification of a class action on or after June 1, 
2005.  Certification of a class action before June 1, 2005, is 
governed by the law in effect immediately before the effective date 
of this Act, and that law is continued in effect for that purpose.
	Explanation:  The addition is necessary to ensure that on and 
after June 1, 2005, actions under Section 27.007, Property Code, 
are not maintained as class action suits.