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                                                                  H.R. No. 2258


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 House Bill 1690 (common nuisance) to consider and take action on the following matters: (1) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add the following language to Section 125.004(d), Civil Practice and Remedies Code, as added by the bill: The posting of a sign prohibiting the activity alleged is not conclusive evidence that the owner did not tolerate the activity. Explanation: The added language is necessary to ensure that posting of a sign by a real property owner prohibiting the activity constituting a common nuisance alleged to have occurred does not conclusively establish that the owner did not tolerate the alleged activity. (2) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add the following language to Section 125.044, Civil Practice and Remedies Code, as amended by the bill: (b-1) The posting of a sign prohibiting the activity alleged is not conclusive evidence that the owner did not tolerate the activity. Explanation: The added language is necessary to ensure that posting of a sign by a real property owner prohibiting the activity constituting a common nuisance alleged to have occurred does not conclusively establish that the owner did not tolerate the alleged activity. Keel ______________________________ Speaker of the House I certify that H.R. No. 2258 was adopted by the House on May 29, 2005, by a non-record vote. ______________________________ Chief Clerk of the House