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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain eviction-related service |
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businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 17, Business & Commerce |
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Code, is amended by adding Section 17.465 to read as follows: |
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Sec. 17.465. EVICTION-RELATED SERVICES. (a) In this |
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section, "eviction-related services" means any service provided to |
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consumers in connection with eviction suits filed by landlords |
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under Chapter 24, Property Code, or with respect to prospective |
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suits under that chapter. |
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(b) For purposes of Section 17.46(a), the term "false, |
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misleading, or deceptive acts or practices" includes the offering |
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or provision of eviction-related services by a person who: |
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(1) does not provide: |
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(A) a clear, written disclosure to a consumer |
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that includes: |
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(i) a statement informing the consumer of |
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the right to obtain legal aid services at no cost; |
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(ii) a detailed description of the |
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eviction-related services the person offers; |
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(iii) information on tenant rights, |
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including the importance of attending civil proceedings or hearings |
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in relation to an eviction suit; and |
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(iv) a notice that the eviction-related |
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services offered may be accessed through nonprofit organizations |
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for free; or |
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(B) a clear statement in any advertisement or |
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promotional material that the service is a private business and not |
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affiliated with: |
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(i) a federal, state, or local government |
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entity; or |
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(ii) a legal aid society or legal services |
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program; or |
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(2) instructs a consumer not to attend a civil |
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proceeding or hearing in relation to an eviction suit filed by a |
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landlord against the consumer under Chapter 24, Property Code, or |
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with respect to a prospective suit under that chapter. |
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(c) This section does not apply to: |
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(1) a federal, state, or local government entity; or |
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(2) a legal aid society or legal services program. |
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(d) A violation of this section is a false, misleading, or |
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deceptive act or practice under this subchapter, and any public or |
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private right or remedy prescribed by this subchapter may be used to |
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enforce this section. |
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SECTION 2. Section 17.49(c), Business & Commerce Code, is |
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amended to read as follows: |
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(c) Nothing in this subchapter shall apply to a claim for |
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damages based on the rendering of a professional service, the |
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essence of which is the providing of advice, judgment, opinion, or |
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similar professional skill. This exemption does not apply to: |
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(1) an express misrepresentation of a material fact |
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that cannot be characterized as advice, judgment, or opinion; |
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(2) a failure to disclose information in violation of |
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Section 17.46(b)(24) or Section 17.465(b); |
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(3) an unconscionable action or course of action that |
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cannot be characterized as advice, judgment, or opinion; |
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(4) breach of an express warranty that cannot be |
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characterized as advice, judgment, or opinion; or |
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(5) a violation of Section 17.46(b)(26). |
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SECTION 3. This Act takes effect September 1, 2025. |