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AN ACT
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relating to disaster remediation contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Business & Commerce Code, is amended by |
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adding Chapter 57 to read as follows: |
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CHAPTER 57. DISASTER REMEDIATION CONTRACTS |
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Sec. 57.001. DEFINITIONS. In this chapter: |
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(1) "Disaster remediation" means the removal, |
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cleaning, sanitizing, demolition, reconstruction, or other |
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treatment of improvements to real property performed because of |
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damage or destruction to that property caused by a natural |
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disaster. |
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(2) "Disaster remediation contractor" means a person |
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who engages in disaster remediation for compensation, other than a |
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person who has a permit, license, registration, or other |
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authorization from the Texas Commission on Environmental Quality |
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for the collection, transportation, treatment, storage, |
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processing, or disposal of solid waste. |
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(3) "Natural disaster" means the occurrence of |
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widespread or severe damage, injury, or loss of life or property |
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related to any natural cause, including fire, flood, earthquake, |
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wind, storm, or wave action, that results in a disaster declaration |
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by the governor under Chapter 418, Government Code. |
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(4) "Person" means an individual, corporation, trust, |
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partnership, association, or other private legal entity. |
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Sec. 57.002. APPLICABILITY OF CHAPTER. (a) Except as |
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provided by Subsection (b), this chapter applies to a contract |
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between a person and a disaster remediation contractor for the |
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performance of disaster remediation services on property owned or |
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leased by the person. |
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(b) This chapter does not apply to a contract between a |
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person and a disaster remediation contractor for the performance of |
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disaster remediation services on property owned or leased by the |
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person if the contractor maintains for at least one year preceding |
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the date of the contract a physical business address in: |
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(1) the county in which the property is located; or |
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(2) a county adjacent to the county in which the |
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property is located. |
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Sec. 57.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; |
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CERTAIN CONDUCT PROHIBITED. (a) A contract subject to this chapter |
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must be in writing. |
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(b) A disaster remediation contractor: |
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(1) may not require a person to make a full or partial |
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payment under a contract before the contractor begins work; |
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(2) may not require that the amount of any partial |
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payment under the contract exceed an amount reasonably |
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proportionate to the work performed, including any materials |
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delivered; and |
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(3) shall include in any contract for disaster |
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remediation services the following statement in conspicuous, |
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boldfaced type of at least 10 points in size: "This contract is |
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subject to Chapter 57, Business & Commerce Code. A contractor may |
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not require a full or partial payment before the contractor begins |
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work and may not require partial payments in an amount that exceeds |
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an amount reasonably proportionate to the work performed, including |
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any materials delivered." |
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Sec. 57.004. DECEPTIVE TRADE PRACTICE. A violation of this |
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chapter by a disaster remediation contractor is a false, |
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misleading, or deceptive act or practice as defined by Section |
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17.46(b), and any remedy under Subchapter E, Chapter 17, is |
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available for a violation of this chapter. |
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Sec. 57.005. WAIVER OF CHAPTER PROHIBITED. A person may not |
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waive this chapter by contract or other means. A purported waiver |
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of this chapter is void. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for the performance of disaster remediation services |
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that is entered into on or after the effective date of this Act. A |
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contract entered into before the effective date of this Act is |
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governed by the law in effect on the date the contract was entered |
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into, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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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. 1711 was passed by the House on April |
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26, 2011, by the following vote: Yeas 141, Nays 4, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1711 on May 23, 2011, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1711 on May 28, 2011, by the following vote: Yeas 146, |
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Nays 1, 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. 1711 was passed by the Senate, with |
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amendments, on May 20, 2011, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1711 on May 28, 2011, by the following vote: Yeas 31, Nays 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 |