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House Bill 2856 |
House Author: Morrison |
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Effective: Vetoed |
Senate Sponsor: Kolkhorst et al. |
House Bill 2856 amends the Business & Commerce Code to create a Class B misdemeanor offense for a disaster remediation contractor who unlawfully requires a person to make a full or partial payment under a contract before the contractor begins work or requires that the amount of any partial payment under the contract exceed an amount reasonably proportionate to the work performed. The bill enhances the penalty for the offense to a third degree felony if the offense was committed with the intent to defraud the person contracting for disaster remediation services.
Governor's Reason for Veto: "House Bill 2856 attempts to address the very real problem of disaster‑remediation contractors who take advantage of disaster victims. But it does so with a stiff criminal penalty in an area where civil remedies already exist, which could discourage well‑intentioned, quality tradespeople from seeking work in Texas following a disaster. This could inadvertently harm victims and impede recovery. We must take a more measured approach to this issue—as was done in House Bill 2320, which I have signed into law this session. I look forward to working with the author next session."