| 1 | 1 | | 89R9119 SCR-D |
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| 2 | 2 | | By: Campos H.B. No. 4169 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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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 fire remediation contracts. |
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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. Title 4, Business & Commerce Code, is amended by |
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| 12 | 12 | | adding Chapter 60 to read as follows: |
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| 13 | 13 | | CHAPTER 60. FIRE REMEDIATION CONTRACTS |
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| 14 | 14 | | Sec. 60.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Final fire remediation contract" means a fire |
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| 16 | 16 | | remediation contract entered into after an insurance company |
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| 17 | 17 | | performs an adequate assessment of the damage or destruction caused |
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| 18 | 18 | | by a fire. |
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| 19 | 19 | | (2) "Fire remediation" means removing, cleaning, |
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| 20 | 20 | | sanitizing, demolishing, or otherwise treating improvements to |
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| 21 | 21 | | real property because of damage or destruction to that property |
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| 22 | 22 | | caused by a fire. |
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| 23 | 23 | | (3) "Fire remediation contract" means an agreement for |
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| 24 | 24 | | fire remediation services. |
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| 25 | 25 | | (4) "Fire remediation contractor" means a person who |
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| 26 | 26 | | engages in fire remediation for compensation, other than a person |
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| 27 | 27 | | who holds a permit, license, registration, or other authorization |
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| 28 | 28 | | issued by the Texas Commission on Environmental Quality for the |
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| 29 | 29 | | collection, transportation, treatment, storage, processing, or |
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| 30 | 30 | | disposal of solid waste. |
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| 31 | 31 | | (5) "Person" means an individual, corporation, trust, |
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| 32 | 32 | | partnership, association, or other private legal entity. |
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| 33 | 33 | | (6) "Pre-estimate fire remediation contract" means a |
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| 34 | 34 | | fire remediation contract entered into before an insurance company |
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| 35 | 35 | | performs an adequate assessment of the damage or destruction caused |
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| 36 | 36 | | by a fire. |
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| 37 | 37 | | Sec. 60.002. APPLICABILITY OF CHAPTER. This chapter |
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| 38 | 38 | | applies to a contract between a person and a fire remediation |
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| 39 | 39 | | contractor for the performance of fire remediation services on real |
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| 40 | 40 | | property owned or leased by the person. |
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| 41 | 41 | | Sec. 60.003. CERTAIN FIRE REMEDIATION CONTRACTS NOT |
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| 42 | 42 | | BINDING. A pre-estimate fire remediation contract is not binding |
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| 43 | 43 | | except to the extent provided by Section 60.004. |
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| 44 | 44 | | Sec. 60.004. FIRE REMEDIATION CONTRACT REQUIREMENTS. A |
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| 45 | 45 | | fire remediation contract between a person who owns or leases |
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| 46 | 46 | | property and a fire remediation contractor must be in writing and |
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| 47 | 47 | | include: |
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| 48 | 48 | | (1) a statement acknowledging the contract is not |
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| 49 | 49 | | binding if the contract is a pre-estimate fire remediation contract |
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| 50 | 50 | | except to the extent provided by Subdivision (5); |
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| 51 | 51 | | (2) any applicable estimated dollar amount an |
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| 52 | 52 | | insurance company will pay for the fire remediation services; |
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| 53 | 53 | | (3) the estimated amount the person will be |
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| 54 | 54 | | responsible for paying after submitting any applicable insurance |
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| 55 | 55 | | claim; |
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| 56 | 56 | | (4) a statement informing the person that the person |
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| 57 | 57 | | is not required to sign the contract; and |
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| 58 | 58 | | (5) a statement that, if the person signs the |
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| 59 | 59 | | contract, the person is only responsible for paying the estimated |
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| 60 | 60 | | amount provided in accordance with Subdivision (3). |
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| 61 | 61 | | Sec. 60.005. ELECTRONIC FILING SYSTEM. (a) The secretary |
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| 62 | 62 | | of state shall maintain on the secretary's Internet website an |
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| 63 | 63 | | electronic filing system for fire remediation contracts. |
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| 64 | 64 | | (b) A fire remediation contractor shall submit each |
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| 65 | 65 | | pre-estimate fire remediation contract and final fire remediation |
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| 66 | 66 | | contract to the electronic filing system. |
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| 67 | 67 | | Sec. 60.006. DECEPTIVE TRADE PRACTICE. A violation of this |
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| 68 | 68 | | chapter by a fire remediation contractor is a false, misleading, or |
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| 69 | 69 | | deceptive act or practice in addition to the practice described by |
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| 70 | 70 | | Subchapter E, Chapter 17, and is actionable under that subchapter. |
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| 71 | 71 | | Sec. 60.007. PROHIBITED WAIVER OF CHAPTER. A person may not |
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| 72 | 72 | | waive the requirements of this chapter by contract or other means. |
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| 73 | 73 | | A purported waiver of this chapter is a violation of this section |
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| 74 | 74 | | and is void. |
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| 75 | 75 | | SECTION 2. Chapter 60, Business & Commerce Code, as added by |
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| 76 | 76 | | this Act, applies only to a contract entered into on or after the |
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| 77 | 77 | | effective date of this Act. A contract entered into before the |
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| 78 | 78 | | effective date of this Act is governed by the law in effect on the |
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| 79 | 79 | | date the contract was entered into, and the former law is continued |
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| 80 | 80 | | in effect for that purpose. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2025. |
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