Amend CSHB 1038 by inserting the following appropriately 
numbered SECTION and renumbering subsequent SECTIONS accordingly:
	SECTION ____.  Chapter 426, Property Code, is amended by 
adding Section 426.009 to read as follows:
	Sec. 426.009.  ABATEMENT OF PARALLEL PROCEEDING.  (a) This 
section applies only to a suit between a homeowner and a builder in 
which:
		(1)  a request for resolution is filed with the 
commission under this title; and
		(2)  the request relates directly to the subject matter 
of the suit. 
	(b)  A court shall abate a suit to which this section applies 
if the request for resolution is filed before the 90th day after the 
date the suit is filed.  The court may grant or continue any 
temporary relief necessary to preserve the status quo pending a 
final determination of the suit.
	(c)  If the commission grants the request or reconsiders and 
grants a request that had previously been denied, the court may, on 
motion of the commission or any interested party, dismiss the suit 
if the issues involved in the request predominate in the suit.