By: Hochberg H.B. No. 511
A BILL TO BE ENTITLED
AN ACT
relating to the processing of consumer rebates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 35, Business and
Commerce Code, is amended by adding Section 35.43 to read as
follows:
Sec. 35.43 CONSUMER REBATE RESPONSE AND GRACE PERIOD FOR
CORRECTIONS (a) A company that offers a rebate of $10 or more,
other than a rebate that is redeemed at the time of purchase, shall
mail the rebate to the consumer or electronically pay the consumer
within 60 days of the company's receipt of a properly completed
rebate request.
(b) If a company receives an incomplete rebate request the
company shall either:
(1) process the rebate in compliance with subsection
(a); or
(2) notify the consumer of any errors or missing
paperwork, and allow an additional 30 days for the consumer to
correct and resubmit the rebate request without penalty.
(c) DECEPTIVE TRADE PRACTICE. A violation of this section
is a deceptive trade practice in addition to the practices
described under Subchapter E, Chapter 17 and is actionable under
that subchapter.
SECTION 2. This Act takes effect September 1, 2005.