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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