By: Kolkhorst S.B. No. 985
(In the Senate - Filed February 21, 2019; March 1, 2019,
read first time and referred to Committee on Business & Commerce;
April 30, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 30, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 985 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to restrictions under disaster remediation contracts;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 58.001(1) and (2), Business & Commerce
Code, are amended to read as follows:
(1) "Disaster remediation" means the removal,
cleaning, sanitizing, demolition, reconstruction, or other
treatment of existing improvements to real property performed
because of damage or destruction to that property caused by a
natural disaster.
(2) "Disaster remediation contractor" means a person
who engages in disaster remediation for compensation, other than a
person who has a permit, license, registration, or other
authorization from the Texas Commission on Environmental Quality
for the collection, transportation, treatment, storage,
processing, or disposal of solid waste, but does not include an
entity approved by the Internal Revenue Service as tax exempt under
Section 501(c)(3), Internal Revenue Code of 1986.
SECTION 2. Section 58.003(b), Business & Commerce Code, is
amended to read as follows:
(b) A disaster remediation contractor:
(1) may not require a person to make a full or partial
payment under a contract before the contractor begins work, unless
the amount of such payment is held in escrow with an escrow officer
who meets the requirements of Section 2652.001, Insurance Code;
(2) may not require that the amount of any partial
payment under the contract exceed an amount reasonably
proportionate to the work performed, including any materials
delivered; and
(3) shall include in any contract for disaster
remediation services the following statement in conspicuous,
boldfaced type of at least 10 points in size: "This contract is
subject to Chapter 58, Business & Commerce Code. A contractor may
not require a full or partial payment before the contractor begins
work and may not require partial payments in an amount that exceeds
an amount reasonably proportionate to the work performed, including
any materials delivered."
SECTION 3. Section 58.004, Business & Commerce Code, is
amended to read as follows:
Sec. 58.004. PENALTIES [DECEPTIVE TRADE PRACTICE]. (a) A
violation of this chapter by a disaster remediation contractor is a
false, misleading, or deceptive act or practice as defined by
Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is
available for a violation of this chapter.
(b) A disaster remediation contractor who violates Section
58.003(b)(1) or (2) commits an offense. An offense under this
section is:
(1) a Class B misdemeanor if the offense was committed
without the intent to defraud the person contracting for disaster
remediation services; or
(2) a felony of the third degree if the offense was
committed with the intent to defraud the person contracting for
disaster remediation services.
(c) It is a defense to prosecution under this section if the
disaster remediation contractor refunds any payment made in
violation of Section 58.003(b)(1) or (2) not later than the 15th day
following the receipt of a written demand alleging a violation of
Section 58.003(b)(1) or (2) sent by certified mail to the disaster
remediation contractor's last known business address or the address
of the disaster remediation contractor's registered agent.
SECTION 4. The changes in law made by this Act apply only to
a disaster remediation contract entered into on or after the
effective date of this Act. A disaster remediation contract
entered into before the effective date of this Act is governed by
the law in effect when the contract was entered into, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.
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