By: Bowers H.B. No. 2493
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain eviction-related service
businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 17, Business & Commerce
Code, is amended by adding Section 17.465 to read as follows:
Sec. 17.465. EVICTION-RELATED SERVICES. (a) In this
section, "eviction-related services" means any service provided to
consumers in connection with eviction suits filed by landlords
under Chapter 24, Property Code, or with respect to prospective
suits under that chapter.
(b) For purposes of Section 17.46(a), the term "false,
misleading, or deceptive acts or practices" includes the offering
or provision of eviction-related services by a person who:
(1) does not provide:
(A) a clear, written disclosure to a consumer
that includes:
(i) a statement informing the consumer of
the right to obtain legal aid services at no cost;
(ii) a detailed description of the
eviction-related services the person offers;
(iii) information on tenant rights,
including the importance of attending civil proceedings or hearings
in relation to an eviction suit; and
(iv) a notice that the eviction-related
services offered may be accessed through nonprofit organizations
for free; or
(B) a clear statement in any advertisement or
promotional material that the service is a private business and not
affiliated with:
(i) a federal, state, or local government
entity; or
(ii) a legal aid society or legal services
program; or
(2) instructs a consumer not to attend a civil
proceeding or hearing in relation to an eviction suit filed by a
landlord against the consumer under Chapter 24, Property Code, or
with respect to a prospective suit under that chapter.
(c) This section does not apply to:
(1) a federal, state, or local government entity; or
(2) a legal aid society or legal services program.
(d) A violation of this section is a false, misleading, or
deceptive act or practice under this subchapter, and any public or
private right or remedy prescribed by this subchapter may be used to
enforce this section.
SECTION 2. Section 17.49(c), Business & Commerce Code, is
amended to read as follows:
(c) Nothing in this subchapter shall apply to a claim for
damages based on the rendering of a professional service, the
essence of which is the providing of advice, judgment, opinion, or
similar professional skill. This exemption does not apply to:
(1) an express misrepresentation of a material fact
that cannot be characterized as advice, judgment, or opinion;
(2) a failure to disclose information in violation of
Section 17.46(b)(24) or Section 17.465(b);
(3) an unconscionable action or course of action that
cannot be characterized as advice, judgment, or opinion;
(4) breach of an express warranty that cannot be
characterized as advice, judgment, or opinion; or
(5) a violation of Section 17.46(b)(26).
SECTION 3. This Act takes effect September 1, 2025.