Disaster Remediation--Important Statutory Requirements



Similar documents
AN ACT...; relating to: the budget.

How Life Settlement Contracts Work

CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL Chapter 167, Laws of th Legislature 2015 Regular Session

1. Make Pen and Ink Changes to add the following entries:

ARIZONA STATE = RIGHT TO REPAIR LAW HB 2620

64th Legislature AN ACT ALLOWING SURPLUS LINES INSURANCE PRODUCERS TO CHARGE A FLAT FEE IN

64th Legislature AN ACT INCREASING MOTOR VEHICLE LIABILITY INSURANCE MINIMUM REQUIREMENTS FOR

BILL ANALYSIS. Senate Research Center H.B By: Danburg (Patterson, Harris) State Affairs Engrossed

AN ACT. relating to a security freeze on a consumer file maintained by a BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

House Bill 272 Senate Amendments Section-by-Section Analysis HOUSE VERSION SENATE VERSION (IE) CONFERENCE. SECTION 1. Same as House version.

AN ACT. relating to an identifying number assigned to a notary public by the BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

CHAPTER 537. (House Bill 1309) Business Regulation Mold Remediation Services Licensing

SENATE BILL No. 131 page 2

CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL Chapter 3, Laws of th Legislature 2015 Regular Session OPERATING BUDGET--SUPPLEMENTAL

Introduced by Representatives Verkamp, Gardner AN ACT

HOUSE BILL No Frizzell, Zent

NOTE: The governor signed this measure on 3/22/2013.

BILL ANALYSIS. Senate Research Center S.B. 20 By: Nelson Finance 3/9/2015 As Filed

BY REPRESENTATIVES PINAC AND NEVERS AN ACT. services; to provide relative to the State Licensing Board for. and to provide for related matters.

CERTIFICATION OF ENROLLMENT ENGROSSED HOUSE BILL nd Legislature 2012 Regular Session

[ controlled insurance programs - Controlled Insurance Programs Act - codification - effective date - emergency ]

1 HB By Representative McMillan. 4 RFD: Constitution, Campaigns and Elections. 5 First Read: 14-JAN-14 6 PFD: 10/02/2013.

Chapter 21 Credit Services Organizations Act

Chapter 161, Human Resources Code, is amended by 6 7 8

CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL Chapter 151, Laws of st Legislature 2010 Regular Session

Chapter 9 Uniform Athlete Agents Act

OCCUPATIONS CODE TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES CHAPTER RESIDENTIAL SERVICE COMPANIES. As Revised and in Effect on

THE TEXAS BUSINESS ORGANIZATIONS CODE

How To Pass The Marriamandary Individual Tax Preparers Act

ENROLLED ACT NO. 89, SENATE FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2005 GENERAL SESSION

CONFERENCE COMMITTEE REPORT FORM

Disclosure Requirements for a Named Driver Under Insurance Code 1952

WEST VIRGINIA LEGISLATURE. Senate Bill 342

Substitute for HOUSE BILL No. 2024

Sixty-fourth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 6, 2015

Supplement No. 2 published with Gazette No. 1 dated 10 January, 2005.

LEGISLATIVE BILL 72. Approved by the Governor May 13, 2015

64th Legislature AN ACT APPROPRIATING MONEY FOR SHORT-TERM VOLUNTARY INPATIENT MENTAL HEALTH

64th Legislature AN ACT ALLOWING NATURAL DISASTER MULTIPERIL INSURANCE TO BE SOLD AS SURPLUS LINES

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 1094

[Second Reprint] ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE INTRODUCED DECEMBER 17, 2012

Registration of Athlete Agents

How To Protect Student Data In Wyoming

SENATE BILL No. 372 page 2

Licensing of certain nonpublic post-secondary educational institutions.

CERTIFICATION OF ENROLLMENT SECOND SUBSTITUTE HOUSE BILL Chapter 29, Laws of st Legislature st Special Session

AN ACT. relating to requiring direct access to service from certain. telephone systems and equivalent systems that use Internet Protocol

Iowa Department of Natural Resources Environmental Protection Commission

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill No. 542

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL Chapter 72, Laws of th Legislature 2015 Regular Session

CHAPTER 7. (Senate Bill 6) Working Families and Small Business Health Coverage Act

STATE PENNY FOR SCHOOL INFRASTRUCTURE AND PROPERTY TAX RELIEF: REVENUE PURPOSE STATEMENTS CARDINAL COMMUNITY SCHOOL DISTRICT

HOUSE BILL No Koch, VanNatter

TEXAS BUSINESS & COMMERCE CODE CHAPTER 36. ASSUMED BUSINESS OR PROFESSIONAL NAME SUBCHAPTER A. GENERAL PROVISIONS

An Act To Protect Consumers and Small Business Owners from Rising Health Care Costs Be it enacted by the People of the State of Maine as follows:

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

HOUSE BILL No page 2

Workers Compensation Coverage Verification Form

SENATE ENROLLED ACT No. 180

PUBLIC LAW NOV. 15, 1995 MIGRANT AND SEASONAL AGRICULTURAL WORKERS COMPENSATION

Frequently Asked Questions

Title 24-A: MAINE INSURANCE CODE

64th Legislature AN ACT REVISING LAWS RELATING TO LIABILITY WAIVERS AND RELEASES; ALLOWING THE USE OF

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor

CHAPTER 5 EMERGENCY SERVICES DEPARTMENT

ARTICLE I. COUNTYWIDE BUILDING CONSTRUCTION INDUSTRY REGULATIONS AND CONSTRUCTION CODES

Real Estate Law L E G I S L A T I V E U P D A T E

A BILL TO BE ENTITLED AN ACT. relating to funding for emergency medical air transportation

In the Senate of the United States, AMENDMENTS:

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 1033

64th Legislature AN ACT REVISING BOARD OF NURSING LAWS; PROVIDING FOR NURSING APPLICANTS TO SUBMIT TO

Texas Insurance Code Chapter 6002 (formerly Article ) Fire Detection and Alarm Device Installation and 28 TAC The Fire Alarm Rules

2015 ARIZONA LEGISLATIVE AMENDMENTS AFFECTING REAL ESTATE LENDING (May 12, 2015 ACMLA meeting)

A Bill Regular Session, 2013 HOUSE BILL 1256

GENERAL ASSEMBLY OF NORTH CAROLINA 1991 SESSION CHAPTER 546 HOUSE BILL 22

Exhibit B (Incorporated into Construction Purchase Order Terms and Conditions) CONSTRUCTION CONTRACT INSURANCE REQUIREMENTS

CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL Chapter 3, Laws of th Legislature st Special Session

AMERICAN INDUSTRIAL HYGIENE ASSOCIATION GOVERNMENT AFFAIRS DEPARTMENT STATE UPDATE. New Legislation. Text Not Yet Available for the Following Bills:

Legal and Legislative Conference

CERTIFICATION OF ENROLLMENT SECOND ENGROSSED SENATE BILL Chapter 8, Laws of nd Legislature st Special Session

House Substitute for SENATE BILL No. 117

HOUSE BILL No page 2

SB Introduced by Senator Barto AN ACT

BILL ANALYSIS. Senate Research Center S.B By: Perry et al. Business & Commerce 7/24/2015 Enrolled

63rd Legislature AN ACT REPEALING THE MONTANA TITLE LOAN ACT; AMENDING SECTIONS , ,

NC LEGISLATIVE BRANCH

AN ACT concerned with home repair and remodeling fraud.

Ordinances Governing EMERGENCY MANAGEMENT. in the CITY OF ARLINGTON TEXAS. Amended by Ordinance No (August 25, 1987)

A JOINT RESOLUTION BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS. Section 5, Article VII, Texas Constitution, is amended to read as follows:

ALARM SYSTEMS Ord. No Adoption Date: September 9, 2008 Publication Date: September 17, 2008 Effective Date: October 16, 2008

Homeowners Insurance in the States

State of Colorado Loan Origin - Proposed Mortgage Licensing Act

Sixty-second Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 4, 2011

Part 4 Insurance. Enacted by Chapter 355, 2011 General Session

ORDINANCE NO AMENDING THE SAN MATEO MUNICIPAL CODE TO ADD CHAPTER 7.46 REGARDING MEDICAL MARIJUANA COLLECTIVES REGULATIONS

RESIDENTIAL ROOFING BILL OF RIGHTS

Home Rule Handbook. For County Government Supplement File With the 2013 Home Rule Handbook. Published by South Carolina Association of Counties

1$0675 ORDINANCE NO. _. An ordinance adding Article 7.2 to Chapter IV of the Los Angeles Municipal Code to regulate mortgage modification consultants.

A BILL TO BE ENTITLED AN ACT BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AASections (a) and (b), Government Code,

Transcription:

Disaster Remediation--Important Statutory Requirements With the devastating floods and other tragedies that have occurred recently across the state, it is important that builders and remodelers be aware of the implications of Chapter 57 of the Texas Business and Commerce Code that was enacted by HB 1711 effective September 1, 2011. The bill applies to contractors who remove, clean, sanitize, demolish, reconstruct, or otherwise treat improvements to real property as a result of damage or destruction to that property caused by a natural disaster. Specifically, it requires that a "disaster remediation" contract must be in writing and prohibits a "disaster remediation contractor" from requiring payment prior to beginning work or charging a partial payment in any amount disproportionate to the work that has been performed. However, the statute exempts contractors that have held a business address for at least one year in the county or adjacent county where the work occurs. This is one of the major updates of the TAB Contracts Package, available to members of the GHBA Remodelers Council and Custom Builders Council. As these tragic floods and other devastation subsides and the rebuilding begins, GHBA members must be aware of the statutory contract limits on those who have not had a business address for at least one year in the county or adjoining county of the disaster. Ignoring these requirements could result in a deceptive trade practices violation. Please see the text of HB 1711 below for details. For more information, visit www.texasbuilders.org. Bill Number: TX82RHB 1711 Date: 05-29-2011 ENROLLED 1 AN ACT 2 relating to disaster remediation contracts. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 4 SECTION 1. Title 4, Business & Commerce Code, is amended by 5 adding Chapter 57 to read as follows: 6 CHAPTER 57. DISASTER REMEDIATION CONTRACTS 7 Sec. 57.001. DEFINITIONS. In this chapter: 8 (1) "Disaster remediation" means the removal,

9 cleaning, sanitizing, demolition, reconstruction, or other 10 treatment of improvements to real property performed because of 11 damage or destruction to that property caused by a natural 12 disaster. 13 (2) "Disaster remediation contractor" means a person 14 who engages in disaster remediation for compensation, other than a 15 person who has a permit, license, registration, or other 16 authorization from the Texas Commission on Environmental Quality 17 for the collection, transportation, treatment, storage, 18 processing, or disposal of solid waste. 19 (3) "Natural disaster" means the occurrence of 20 widespread or severe damage, injury, or loss of life or property 21 related to any natural cause, including fire, flood, earthquake, 22 wind, storm, or wave action, that results in a disaster declaration 23 by the governor under Chapter 418, Government Code. 24 (4) "Person" means an individual, corporation, trust, 1 1 partnership, association, or other private legal entity. 2 Sec. 57.002. APPLICABILITY OF CHAPTER. (a) Except as 3 provided by Subsection (b), this chapter applies to a contract 4 between a person and a disaster remediation contractor for the 5 performance of disaster remediation services on property owned or

6 leased by the person. 7 (b) This chapter does not apply to a contract between a 8 person and a disaster remediation contractor for the performance of 9 disaster remediation services on property owned or leased by the 10 person if the contractor maintains for at least one year preceding 11 the date of the contract a physical business address in: 12 (1) the county in which the property is located; or 13 (2) a county adjacent to the county in which the 14 property is located. 15 Sec. 57.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; 16 CERTAIN CONDUCT PROHIBITED. (a) A contract subject to this chapter 17 must be in writing. 18 (b) A disaster remediation contractor: 19 (1) may not require a person to make a full or partial 20 payment under a contract before the contractor begins work; 21 (2) may not require that the amount of any partial 22 payment under the contract exceed an amount reasonably 23 proportionate to the work performed, including any materials 24 delivered; and 25 (3) shall include in any contract for disaster 26 remediation services the following statement in conspicuous, 27 boldfaced type of at least 10 points in size: "This contract is

2 1 subject to Chapter 57, Business & Commerce Code. A contractor may 2 not require a full or partial payment before the contractor begins 3 work and may not require partial payments in an amount that exceeds 4 an amount reasonably proportionate to the work performed, including 5 any materials delivered." 6 Sec. 57.004. DECEPTIVE TRADE PRACTICE. A violation of this 7 chapter by a disaster remediation contractor is a false, 8 misleading, or deceptive act or practice as defined by Section 9 17.46(b), and any remedy under Subchapter E, Chapter 17, is 10 available for a violation of this chapter. 11 Sec. 57.005. WAIVER OF CHAPTER PROHIBITED. A person may not 12 waive this chapter by contract or other means. A purported waiver 13 of this chapter is void. 14 SECTION 2. The change in law made by this Act applies only 15 to a contract for the performance of disaster remediation services 16 that is entered into on or after the effective date of this Act. A 17 contract entered into before the effective date of this Act is 18 governed by the law in effect on the date the contract was entered 19 into, and the former law is continued in effect for that purpose. 20 SECTION 3. This Act takes effect September 1, 2011.

President of the Senate Speaker of the House I certify that H.B. No. 1711 was passed by the House on April 26, 2011, by the following vote: Yeas 141, Nays 4, 2 present, not voting; that the House refused to concur in Senate amendments to H.B. No. 1711 on May 23, 2011, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 1711 on May 28, 2011, by the following vote: Yeas 146, Nays 1, 2 present, not voting. Chief Clerk of the House I certify that H.B. No. 1711 was passed by the Senate, with amendments, on May 20, 2011, by the following vote: Yeas 31, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 1711 on May 28, 2011, by the following vote: Yeas 31, Nays 0. Secretary of the Senate APPROVED: Date Governor