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	Amend CSHB 2295 (house committee printing) as follows:                       

(1)  Strike page 3, lines 5 and 6, and substitute the 	following:             
	SECTION 3.  Sections 27.004(b), (c), (d), and (l), Property 
Code, are amended to read as follows:
	(b)  Not later than the 15th day after the date of a final, 
unappealable determination of a dispute under Subtitle D, Title 16, 
if applicable, or not later than the 45th day after the date the 
contractor receives the notice under this section, if Subtitle D, 
Title 16, does not apply, the contractor may make a written offer of 
settlement to the claimant.  The offer must be sent to the claimant 
at the claimant's last known address or to the claimant's attorney 
by certified mail, return receipt requested.  The offer may include 
either an agreement by the contractor to repair or to have repaired 
by an independent contractor partially or totally at the 
contractor's expense or at a reduced rate to the claimant any 
construction defect described in the notice and shall describe in 
reasonable detail the kind of repairs which will be made.  The 
repairs shall be made not later than the 45th day after the date the 
contractor receives written notice of acceptance of the settlement 
offer, unless completion is delayed by the claimant or by other 
events beyond the control of the contractor.  [If a contractor makes 
a written offer of settlement that the claimant considers to be 
unreasonable:
		[(1)  on or before the 25th day after the date the 
claimant receives the offer, the claimant shall advise the 
contractor in writing and in reasonable detail of the reasons why 
the claimant considers the offer unreasonable;  and
		[(2)  not later than the 10th day after the date the 
contractor receives notice under Subdivision (1), the contractor 
may make a supplemental written offer of settlement to the claimant 
by sending the offer to the claimant or the claimant's attorney.]
	(2)  On page 4, between lines 3 and 4, insert the following:                   
	(d)  The court or arbitration tribunal shall abate 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 because the claimant failed to comply with 
the requirements of Subtitle D, Title 16, if applicable or [,] 
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 without the 
order of the court or tribunal beginning on the 11th day after the 
date a motion to abate 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 is filed.