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Suspending limitations on conference committee
jurisdiction, H.B. No. 1690 (Keel/R. West)
By: West S.R. No. 1093
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
House Bill 1690 (common nuisance) to consider and take action on
the following matters:
(1) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add the following language to Subsection (d),
Section 125.004, 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) Senate Rules 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2005.
_______________________________
Secretary of the Senate