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AN ACT
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relating to the regulation of certain consumer transactions |
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involving plumbing, air conditioning, and electrical services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 1301, Occupations Code, is |
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amended by adding Section 1301.004 to read as follows: |
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Sec. 1301.004. NONAPPLICABILITY OF LAW GOVERNING |
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CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided |
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by this section, Chapter 601, Business & Commerce Code, does not |
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apply to a good or service provided by a license holder under this |
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chapter if the transaction involving the good or service is |
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initiated by the consumer. Chapter 601, Business & Commerce Code, |
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does apply to a transaction that involves a breach of express |
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warranty or a negligent installation in violation of a building |
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code applicable to the good or service sold to the consumer. |
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SECTION 2. Subchapter A, Chapter 1302, Occupations Code, is |
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amended by adding Section 1302.003 to read as follows: |
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Sec. 1302.003. NONAPPLICABILITY OF LAW GOVERNING |
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CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided |
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by this section, Chapter 601, Business & Commerce Code, does not |
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apply to a good or service provided by a license holder under this |
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chapter if the transaction involving the good or service is |
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initiated by the consumer. Chapter 601, Business & Commerce Code, |
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does apply to a transaction that involves a breach of express |
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warranty or a negligent installation in violation of a building |
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code applicable to the good or service sold to the consumer. |
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SECTION 3. Subchapter A, Chapter 1305, Occupations Code, is |
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amended by adding Section 1305.004 to read as follows: |
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Sec. 1305.004. NONAPPLICABILITY OF LAW GOVERNING |
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CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided |
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by this section, Chapter 601, Business & Commerce Code, does not |
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apply to a good or service provided by a license holder under this |
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chapter if the transaction involving the good or service is |
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initiated by the consumer. Chapter 601, Business & Commerce Code, |
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does apply to a transaction that involves a breach of express |
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warranty or a negligent installation in violation of a building |
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code applicable to the good or service sold to the consumer. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3129 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3129 on May 25, 2009, by the following vote: Yeas 145, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3129 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |