Bill Text: TX HB1711 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to disaster remediation contracts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1711 Detail]
Download: Texas-2011-HB1711-Introduced.html
Bill Title: Relating to disaster remediation contracts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1711 Detail]
Download: Texas-2011-HB1711-Introduced.html
82R4885 KFF-D | ||
By: J. Davis of Harris | H.B. No. 1711 |
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relating to disaster remediation contracts; providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Business & Commerce Code, is amended by | ||
adding Chapter 57 to read as follows: | ||
CHAPTER 57. DISASTER REMEDIATION CONTRACTS | ||
Sec. 57.001. DEFINITIONS. In this chapter: | ||
(1) "Disaster remediation" means the removal, | ||
cleaning, sanitizing, demolition, reconstruction, or other | ||
treatment of improvements to real property performed because of | ||
damage or destruction to that property caused by a natural | ||
disaster. | ||
(2) "Disaster remediation contractor" means a person | ||
who engages in disaster remediation for compensation. | ||
(3) "Natural disaster" means the occurrence of | ||
widespread or severe damage, injury, or loss of life or property | ||
related to any natural cause, including fire, flood, earthquake, | ||
wind, storm, or wave action, that results in a disaster declaration | ||
by the governor under Chapter 418, Government Code. | ||
(4) "Person" means an individual, corporation, trust, | ||
partnership, association, or other private legal entity. | ||
Sec. 57.002. APPLICABILITY OF CHAPTER. This chapter | ||
applies to a contract between a person and a disaster remediation | ||
contractor for the performance of disaster remediation services on | ||
property owned or leased by the person. | ||
Sec. 57.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; | ||
CERTAIN CONDUCT PROHIBITED. (a) A contract subject to this chapter | ||
must be in writing. | ||
(b) A disaster remediation contractor: | ||
(1) may not require a person to make a full or partial | ||
payment under a contract before the contractor begins work; | ||
(2) may not require that the amount of any partial | ||
payment under the contract exceed an amount reasonably | ||
proportionate to the work performed; and | ||
(3) shall include in any contract for disaster | ||
remediation services the following statement in conspicuous, | ||
boldfaced type of at least 10 points in size: "This contract is | ||
subject to Chapter 57, Business & Commerce Code. A contractor may | ||
not require a full or partial payment before the contractor begins | ||
work and may not require partial payments in an amount that exceeds | ||
an amount reasonably proportionate to the work performed." | ||
Sec. 57.004. DECEPTIVE TRADE PRACTICE. A violation of this | ||
chapter by a disaster remediation contractor is a false, | ||
misleading, or deceptive act or practice as defined by Section | ||
17.46(b), and any remedy under Subchapter E, Chapter 17, is | ||
available for a violation of this chapter. | ||
Sec. 57.005. CRIMINAL PENALTY. (a) A disaster remediation | ||
contractor commits an offense if the contractor violates this | ||
chapter. | ||
(b) An offense under this section is a Class B misdemeanor. | ||
(c) Venue for an offense under this section is in the county | ||
in which the offense is committed. | ||
Sec. 57.006. WAIVER OF CHAPTER PROHIBITED. A person may not | ||
waive this chapter by contract or other means. A purported waiver | ||
of this chapter is void. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a contract for the performance of disaster remediation services | ||
that is entered into on or after the effective date of this Act. A | ||
contract entered into before the effective date of this Act is | ||
governed by the law in effect on the date the contract was entered | ||
into, and the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |