Texas 2019 - 86th Regular

Texas House Bill HB2856 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2856
	1	+	By: Morrison (Senate Sponsor - Kolkhorst) H.B. No. 2856
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2856 By: Nichols
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to restrictions under disaster remediation contracts;
6	14		creating a criminal offense.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Sections 58.001(1) and (2), Business & Commerce
9	17		Code, are amended to read as follows:
10	18		(1) "Disaster remediation" means the removal,
11	19		cleaning, sanitizing, demolition, reconstruction, or other
12	20		treatment of existing improvements to real property performed
13	21		because of damage or destruction to that property caused by a
14	22		natural disaster.
15	23		(2) "Disaster remediation contractor" means a person
16	24		who engages in disaster remediation for compensation, other than a
17	25		person who has a permit, license, registration, or other
18	26		authorization from the Texas Commission on Environmental Quality
19	27		for the collection, transportation, treatment, storage,
20	28		processing, or disposal of solid waste, but does not include an
21	29		entity approved by the Internal Revenue Service as tax exempt under
22	30		Section 501(c)(3), Internal Revenue Code of 1986.
23	31		SECTION 2. Section 58.004, Business & Commerce Code, is
24	32		amended to read as follows:
25	33		Sec. 58.004. PENALTIES [DECEPTIVE TRADE PRACTICE]. (a) A
26	34		violation of this chapter by a disaster remediation contractor is a
27	35		false, misleading, or deceptive act or practice as defined by
28	36		Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is
29	37		available for a violation of this chapter.
30	38		(b) A disaster remediation contractor who violates Section
31	39		58.003(b)(1) or (2) commits an offense. An offense under this
32	40		section is:
33	41		(1) a Class B misdemeanor if the offense was committed
34	42		without the intent to defraud the person contracting for disaster
35	43		remediation services; or
36	44		(2) a felony of the third degree if the offense was
37	45		committed with the intent to defraud the person contracting for
38	46		disaster remediation services.
39	47		(c) It is a defense to prosecution under this section if the
40	48		disaster remediation contractor refunds any payment made in
41	49		violation of Section 58.003(b)(1) or (2) not later than the 15th day
42	50		following the receipt of a written demand alleging a violation of
43	51		Section 58.003(b)(1) or (2) sent by certified mail to the disaster
44	52		remediation contractor's last known business address or the address
45	53		of the disaster remediation contractor's registered agent.
46	54		SECTION 3. The changes in law made by this Act apply only to
47	55		a disaster remediation contract entered into on or after the
48	56		effective date of this Act. A disaster remediation contract
49	57		entered into before the effective date of this Act is governed by
50	58		the law in effect when the contract was entered into, and the former
51	59		law is continued in effect for that purpose.
52	60		SECTION 4. This Act takes effect September 1, 2019.
53		-	______________________________ ______________________________
54		-	President of the Senate Speaker of the House
55		-	I certify that H.B. No. 2856 was passed by the House on May 3,
56		-	2019, by the following vote: Yeas 134, Nays 6, 2 present, not
57		-	voting; and that the House concurred in Senate amendments to H.B.
58		-	No. 2856 on May 24, 2019, by the following vote: Yeas 135, Nays 5,
59		-	2 present, not voting.
60		-	______________________________
61		-	Chief Clerk of the House
62		-	I certify that H.B. No. 2856 was passed by the Senate, with
63		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
64		-	0.
65		-	______________________________
66		-	Secretary of the Senate
67		-	APPROVED: __________________
68		-	Date
69		-	__________________
70		-	Governor
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