Texas 2009 - 81st Regular

Texas House Bill HB3129 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3129
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of certain consumer transactions
6	6	involving plumbing, air conditioning, and electrical services.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter A, Chapter 1301, Occupations Code, is
9	9	amended by adding Section 1301.004 to read as follows:
10	10	Sec. 1301.004. NONAPPLICABILITY OF LAW GOVERNING
11	11	CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided
12	12	by this section, Chapter 601, Business & Commerce Code, does not
13	13	apply to a good or service provided by a license holder under this
14	14	chapter if the transaction involving the good or service is
15	15	initiated by the consumer. Chapter 601, Business & Commerce Code,
16	16	does apply to a transaction that involves a breach of express
17	17	warranty or a negligent installation in violation of a building
18	18	code applicable to the good or service sold to the consumer.
19	19	SECTION 2. Subchapter A, Chapter 1302, Occupations Code, is
20	20	amended by adding Section 1302.003 to read as follows:
21	21	Sec. 1302.003. NONAPPLICABILITY OF LAW GOVERNING
22	22	CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided
23	23	by this section, Chapter 601, Business & Commerce Code, does not
24	24	apply to a good or service provided by a license holder under this
25	25	chapter if the transaction involving the good or service is
26	26	initiated by the consumer. Chapter 601, Business & Commerce Code,
27	27	does apply to a transaction that involves a breach of express
28	28	warranty or a negligent installation in violation of a building
29	29	code applicable to the good or service sold to the consumer.
30	30	SECTION 3. Subchapter A, Chapter 1305, Occupations Code, is
31	31	amended by adding Section 1305.004 to read as follows:
32	32	Sec. 1305.004. NONAPPLICABILITY OF LAW GOVERNING
33	33	CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided
34	34	by this section, Chapter 601, Business & Commerce Code, does not
35	35	apply to a good or service provided by a license holder under this
36	36	chapter if the transaction involving the good or service is
37	37	initiated by the consumer. Chapter 601, Business & Commerce Code,
38	38	does apply to a transaction that involves a breach of express
39	39	warranty or a negligent installation in violation of a building
40	40	code applicable to the good or service sold to the consumer.
41	41	SECTION 4. This Act takes effect immediately if it receives
42	42	a vote of two-thirds of all the members elected to each house, as
43	43	provided by Section 39, Article III, Texas Constitution. If this
44	44	Act does not receive the vote necessary for immediate effect, this
45	45	Act takes effect September 1, 2009.
46	46	______________________________ ______________________________
47	47	President of the Senate Speaker of the House
48	48	I certify that H.B. No. 3129 was passed by the House on April
49	49	22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
50	50	voting; and that the House concurred in Senate amendments to H.B.
51	51	No. 3129 on May 25, 2009, by the following vote: Yeas 145, Nays 0,
52	52	2 present, not voting.
53	53	______________________________
54	54	Chief Clerk of the House
55	55	I certify that H.B. No. 3129 was passed by the Senate, with
56	56	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
57	57	0.
58	58	______________________________
59	59	Secretary of the Senate
60	60	APPROVED: __________________
61	61	Date
62	62	__________________
63	63	Governor