79R20274 AJA-D

Suspending limitations on conference committee

jurisdiction, H.B. No. 1690 (Keel/R. West)







By:  Keel                                             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.