| 1 | 1 | | By: Bowers H.B. No. 2493 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the regulation of certain eviction-related service |
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| 9 | 9 | | businesses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter E, Chapter 17, Business & Commerce |
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| 12 | 12 | | Code, is amended by adding Section 17.465 to read as follows: |
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| 13 | 13 | | Sec. 17.465. EVICTION-RELATED SERVICES. (a) In this |
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| 14 | 14 | | section, "eviction-related services" means any service provided to |
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| 15 | 15 | | consumers in connection with eviction suits filed by landlords |
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| 16 | 16 | | under Chapter 24, Property Code, or with respect to prospective |
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| 17 | 17 | | suits under that chapter. |
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| 18 | 18 | | (b) For purposes of Section 17.46(a), the term "false, |
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| 19 | 19 | | misleading, or deceptive acts or practices" includes the offering |
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| 20 | 20 | | or provision of eviction-related services by a person who: |
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| 21 | 21 | | (1) does not provide: |
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| 22 | 22 | | (A) a clear, written disclosure to a consumer |
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| 23 | 23 | | that includes: |
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| 24 | 24 | | (i) a statement informing the consumer of |
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| 25 | 25 | | the right to obtain legal aid services at no cost; |
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| 26 | 26 | | (ii) a detailed description of the |
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| 27 | 27 | | eviction-related services the person offers; |
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| 28 | 28 | | (iii) information on tenant rights, |
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| 29 | 29 | | including the importance of attending civil proceedings or hearings |
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| 30 | 30 | | in relation to an eviction suit; and |
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| 31 | 31 | | (iv) a notice that the eviction-related |
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| 32 | 32 | | services offered may be accessed through nonprofit organizations |
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| 33 | 33 | | for free; or |
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| 34 | 34 | | (B) a clear statement in any advertisement or |
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| 35 | 35 | | promotional material that the service is a private business and not |
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| 36 | 36 | | affiliated with: |
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| 37 | 37 | | (i) a federal, state, or local government |
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| 38 | 38 | | entity; or |
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| 39 | 39 | | (ii) a legal aid society or legal services |
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| 40 | 40 | | program; or |
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| 41 | 41 | | (2) instructs a consumer not to attend a civil |
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| 42 | 42 | | proceeding or hearing in relation to an eviction suit filed by a |
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| 43 | 43 | | landlord against the consumer under Chapter 24, Property Code, or |
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| 44 | 44 | | with respect to a prospective suit under that chapter. |
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| 45 | 45 | | (c) This section does not apply to: |
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| 46 | 46 | | (1) a federal, state, or local government entity; or |
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| 47 | 47 | | (2) a legal aid society or legal services program. |
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| 48 | 48 | | (d) A violation of this section is a false, misleading, or |
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| 49 | 49 | | deceptive act or practice under this subchapter, and any public or |
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| 50 | 50 | | private right or remedy prescribed by this subchapter may be used to |
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| 51 | 51 | | enforce this section. |
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| 52 | 52 | | SECTION 2. Section 17.49(c), Business & Commerce Code, is |
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| 53 | 53 | | amended to read as follows: |
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| 54 | 54 | | (c) Nothing in this subchapter shall apply to a claim for |
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| 55 | 55 | | damages based on the rendering of a professional service, the |
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| 56 | 56 | | essence of which is the providing of advice, judgment, opinion, or |
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| 57 | 57 | | similar professional skill. This exemption does not apply to: |
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| 58 | 58 | | (1) an express misrepresentation of a material fact |
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| 59 | 59 | | that cannot be characterized as advice, judgment, or opinion; |
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| 60 | 60 | | (2) a failure to disclose information in violation of |
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| 61 | 61 | | Section 17.46(b)(24) or Section 17.465(b); |
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| 62 | 62 | | (3) an unconscionable action or course of action that |
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| 63 | 63 | | cannot be characterized as advice, judgment, or opinion; |
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| 64 | 64 | | (4) breach of an express warranty that cannot be |
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| 65 | 65 | | characterized as advice, judgment, or opinion; or |
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| 66 | 66 | | (5) a violation of Section 17.46(b)(26). |
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| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2025. |
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