Suspending limitations on conference committee jurisdiction, 
S.B. No. 334 (Duncan/B. Keffer)











By:  Duncan                                   S.R. No. 1079



SENATE RESOLUTION
	BE IT RESOLVED by the Senate of the State of Texas, 79th 
Legislature, Regular Session, 2005, That Senate Rule 12.03 be 
suspended in part as provided by Senate Rule 12.08 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:
	Senate Rule 12.03(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.




_______________________________ 
    President of the Senate
 
     I hereby certify that the 
above Resolution was adopted by 
the Senate on May 29, 2005, by the 
following vote:  Yeas 31, Nays 0.



_______________________________ 
    Secretary of the Senate