Amend CSHB 1038 on page 1, between lines 4 and 5, by inserting
the following appropriately numbered SECTION and renumbering
subsequent SECTIONS accordingly:
SECTION ____. Section 27.004(d), Property Code, is amended
to read as follows:
(d) The court or arbitration tribunal shall abate [dismiss]
an action governed by this chapter if Subsection (c) does not apply
and the court or tribunal, after a hearing, finds that the
contractor is entitled to abatement [dismissal] because the
claimant failed to comply with the requirements of Subtitle D,
Title 16, if applicable, failed to provide the notice or failed to
give the contractor a reasonable opportunity to inspect the
property as required by Subsection (a), or failed to follow the
procedures specified by Subsection (b). An action is automatically
abated [dismissed] without the order of the court or tribunal
beginning on the 11th day after the date a motion to abate [dismiss]
is filed if the motion:
(1) is verified and alleges that the person against
whom the action is pending did not receive the written notice
required by Subsection (a), the person against whom the action is
pending was not given a reasonable opportunity to inspect the
property as required by Subsection (a), or the claimant failed to
follow the procedures specified by Subsection (b) or Subtitle D,
Title 16; and
(2) is not controverted by an affidavit filed by the
claimant before the 11th day after the date on which the motion to
abate [dismiss] is filed.