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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a home inspection report as a condition of a |
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residential service contract. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 1303, Occupations Code, is |
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amended by adding Section 1303.305 to read as follows: |
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Sec. 1303.305. HOME INSPECTION REPORT REQUIREMENT AND |
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CERTAIN PAYMENT PROHIBITED. (a) A residential service company may |
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not require a homeowner, lessor, or renter to provide a home |
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inspection report to the company after a residential service |
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contract is entered into by the homeowner, lessor, or renter. |
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(b) If a residential service company requires a home |
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inspection report before a residential service contract is entered |
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into and declines the contract, the company may not collect any |
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payment from the homeowner, lessor, or renter. |
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(c) A residential service company that requires a home |
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inspection report may not deny a claim on any structural component, |
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appliance, or system that is addressed in the home inspection |
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report and included in the residential service contract unless the |
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company gives the homeowner, lessor, or renter express notice of |
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exclusion of the component, appliance, or system before the |
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contract is entered into by the homeowner, lessor, or renter. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract entered into or renewed on or after the effective date |
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of this Act. A contract entered into or renewed before that date is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. 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, 2013. |