| 1 | 1 | | 88R29233 SHH-D |
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| 2 | 2 | | By: Zaffirini, et al. S.B. No. 2250 |
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| 3 | 3 | | (Lambert) |
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| 4 | 4 | | Substitute the following for S.B. No. 2250: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the execution of a certificate of completion and to |
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| 10 | 10 | | imposing certain requirements under a retail installment contract |
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| 11 | 11 | | for the purchase of solar panels. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 345, Finance Code, is |
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| 14 | 14 | | amended by adding Section 345.0811 to read as follows: |
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| 15 | 15 | | Sec. 345.0811. CERTIFICATE OF COMPLETION FOR SOLAR PANEL |
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| 16 | 16 | | RETAIL INSTALLMENT CONTRACT; CONSEQUENCE OF CERTAIN FAILED |
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| 17 | 17 | | BUILDING CODE INSPECTIONS. (a) A retail buyer who is required by a |
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| 18 | 18 | | retail seller of solar panels to execute a certificate of |
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| 19 | 19 | | completion is entitled to deferment of installment under Section |
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| 20 | 20 | | 345.069 if: |
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| 21 | 21 | | (1) a solar panel installation purchased under a |
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| 22 | 22 | | retail installment contract fails a building code inspection |
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| 23 | 23 | | resulting from the installation of the solar panels not later than |
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| 24 | 24 | | the first anniversary of the execution of the certificate of |
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| 25 | 25 | | completion covering the installation; and |
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| 26 | 26 | | (2) the retail buyer notifies the retail seller of the |
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| 27 | 27 | | failed building code inspection not later than the 30th day after |
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| 28 | 28 | | the date of the inspection. |
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| 29 | 29 | | (b) A retail buyer is entitled to a deferment of installment |
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| 30 | 30 | | under Subsection (a) for the period: |
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| 31 | 31 | | (1) beginning on the date the retail buyer notifies |
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| 32 | 32 | | the retail seller of the failed building code inspection under |
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| 33 | 33 | | Subsection (a)(2); and |
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| 34 | 34 | | (2) ending on the date the retail seller corrects the |
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| 35 | 35 | | work cited by the failed inspection. |
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| 36 | 36 | | (c) If a retail seller of solar panels does not correct the |
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| 37 | 37 | | work cited by the failed building code inspection before the 91st |
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| 38 | 38 | | day after the date the retail seller receives the notice under |
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| 39 | 39 | | Subsection (a)(2): |
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| 40 | 40 | | (1) the certificate of completion is void; |
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| 41 | 41 | | (2) the retail seller shall exercise reasonable care |
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| 42 | 42 | | to remove the solar panel installation and correct any incidental |
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| 43 | 43 | | damage to the real property resulting from the installation and |
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| 44 | 44 | | removal; and |
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| 45 | 45 | | (3) the retail buyer is entitled to rescind the retail |
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| 46 | 46 | | installment contract and receive a refund of all payments under or |
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| 47 | 47 | | in contemplation of the contract. |
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| 48 | 48 | | SECTION 2. Section 345.0811, Finance Code, as added by this |
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| 49 | 49 | | Act, applies only to a retail installment contract entered into on |
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| 50 | 50 | | or after the effective date of this Act. A retail installment |
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| 51 | 51 | | contract entered into before the effective date of this Act is |
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| 52 | 52 | | governed by the law in effect on the date the contract was entered |
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| 53 | 53 | | into, and the former law is continued in effect for that purpose. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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