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A BILL TO BE ENTITLED
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AN ACT
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relating to the execution of a certificate of completion and to |
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imposing certain requirements under a retail installment contract |
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for the purchase of solar panels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 345, Finance Code, is |
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amended by adding Section 345.0811 to read as follows: |
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Sec. 345.0811. CERTIFICATE OF COMPLETION FOR SOLAR PANEL |
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RETAIL INSTALLMENT CONTRACT; CONSEQUENCE OF CERTAIN FAILED |
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BUILDING CODE INSPECTIONS. (a) A retail buyer who is required by a |
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retail seller of solar panels to execute a certificate of |
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completion is entitled to deferment of installment under Section |
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345.069 if: |
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(1) a solar panel installation purchased under a |
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retail installment contract fails a building code inspection |
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resulting from the installation of the solar panels not later than |
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the first anniversary of the execution of the certificate of |
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completion covering the installation; and |
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(2) the retail buyer notifies the retail seller of the |
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failed building code inspection not later than the 30th day after |
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the date of the inspection. |
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(b) A retail buyer is entitled to a deferment of installment |
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under Subsection (a) for the period: |
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(1) beginning on the date the retail buyer notifies |
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the retail seller of the failed building code inspection under |
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Subsection (a)(2); and |
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(2) ending on the date the retail seller corrects the |
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work cited by the failed inspection. |
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(c) If a retail seller of solar panels does not correct the |
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work cited by the failed building code inspection before the 91st |
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day after the date the retail seller receives the notice under |
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Subsection (a)(2): |
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(1) the certificate of completion is void; |
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(2) the retail seller shall exercise reasonable care |
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to remove the solar panel installation and correct any incidental |
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damage to the real property resulting from the installation and |
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removal; and |
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(3) the retail buyer is entitled to rescind the retail |
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installment contract and receive a refund of all payments under or |
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in contemplation of the contract. |
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SECTION 2. Section 345.0811, Finance Code, as added by this |
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Act, applies only to a retail installment contract entered into on |
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or after the effective date of this Act. A retail installment |
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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, 2023. |