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A BILL TO BE ENTITLED
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AN ACT
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relating to the abatement of certain suits between a builder and a |
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homeowner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 426, Property Code, is amended by adding |
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Section 426.009 to read as follows: |
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Sec. 426.009. ABATEMENT OF PARALLEL PROCEEDING. (a) This |
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section applies only to a suit between a homeowner and a builder in |
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which: |
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(1) a request for resolution is filed with the |
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commission under this title; and |
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(2) the request relates directly to the subject matter |
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of the suit. |
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(b) A court shall abate a suit to which this section applies |
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if the request for resolution is filed before the 90th day after the |
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date the suit is filed. The court may grant or continue any |
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temporary relief necessary to preserve the status quo pending a |
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final determination of the suit. |
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(c) If the commission grants the request or reconsiders and |
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grants a request that had previously been denied, the court may, on |
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motion of the commission or any interested party, dismiss the suit |
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if the issues involved in the request predominate in the suit. |
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SECTION 2. This Act applies only to a suit filed on or after |
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the effective date of this Act. A suit filed before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is preserved for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |