Texas 2021 - 87th Regular

Texas House Bill HB3422

Caption

Relating to restrictions under disaster remediation contracts; providing a civil penalty.

Impact

The enactment of HB 3422 significantly impacts state laws concerning consumer protection in disaster recovery contexts. By imposing strict guidelines on payment and contract practices for disaster remediation, the bill aims to minimize potential fraud and exploitation of individuals recovering from natural disasters. These amendments will help inculcate a sense of security among consumers, ensuring they are not pressurized into unfair payment schemes before any work is undertaken. The implications for contractors operating in this area are profound, necessitating adherence to state laws or risking civil penalties.

Summary

House Bill 3422 focuses on regulating disaster remediation contractors by establishing specific restrictions regarding payments and practices in contracts. The bill amends the Business & Commerce Code, defining disaster remediation and the responsibilities of contractors. It prohibits contractors from requiring full or partial payments before commencing work and mandates that any partial payments align with the amount of work performed, ensuring consumer protection in the aftermath of natural disasters. Additionally, contracts must include clear disclaimers regarding these requirements to inform consumers adequately.

Sentiment

Overall, the sentiment surrounding HB 3422 appears positive, as it is designed to protect consumers – particularly those vulnerable in the wake of disasters. Legislative discussions indicated a general consensus on the necessity of such regulations, with proponents underscoring the importance of consumer rights and protections. The sentiment from policymakers largely highlights a commitment to safeguarding affected residents and ensuring that contractors operate with integrity and transparency.

Contention

Despite the bill's favorable reception, there could be potential contention among contractors regarding the enforcement of these restrictions. Some industry stakeholders may argue that the regulations could hinder their ability to operate effectively in disaster recovery situations. However, the overarching aim of the bill is to combat deceptive practices and provide a framework for fair engagements in disaster remediation, which is expected to benefit consumers primarily and discourage unscrupulous behaviors in the industry.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2165

Relating to requirements for subscription service contracts; providing a civil penalty.

TX HB3890

Relating to the regulation and voluntary licensing of reroofing contractors by the Texas Department of Licensing and Regulation; providing administrative and civil penalties; authorizing fees.

TX HB97

Relating to water breaks for employees of certain contractors with a governmental entity; providing an administrative penalty.

TX HB495

Relating to rest breaks for employees of certain contractors with a governmental entity; providing an administrative penalty.

TX SB1014

Relating to restrictions on the use and disclosure of certain genetic material and genetic information; providing a civil penalty; creating a criminal offense.

TX SB401

Relating to prices charged by a medical staffing services agency during certain designated public health disaster periods; providing a civil penalty.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB417

Relating to electronic device filters for certain explicit material; providing a civil penalty.

TX SB69

Relating to paid rest breaks for construction employees of construction contractors and subcontractors; providing an administrative penalty.

TX SB28

Relating to paid rest breaks for construction employees of construction contractors and subcontractors; providing an administrative penalty.

Similar Bills

CA AB954

Dental services: third-party network access.

DC B25-0265

Contract No. GAGA-2022-C-0259 with SodexoMagic, LLC Approval and Payment Authorization Emergency Act of 2023

TX SB543

Relating to oversight of and requirements applicable to state contracts and other state financial and accounting issues; authorizing fees.

TX HB1426

Relating to certain requirements applicable to contracts entered into by, and the contract management process of, state agencies.

MS HB934

Healthcare Contracting Simplification Act; create.

NJ S3443

Requires State Contract Managers to monitor work conducted by subcontractors on State contracts.

NJ A4487

Requires State Contract Managers to monitor work conducted by subcontractors on State contracts.

CA SB681

Public employees’ retirement: contracting agencies: termination.