Bill Text: TX HB2856 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to restrictions under disaster remediation contracts; creating a criminal offense.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB2856 Detail]
Download: Texas-2019-HB2856-Enrolled.html
H.B. No. 2856 |
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relating to restrictions under disaster remediation contracts; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 58.001(1) and (2), Business & Commerce | ||
Code, are amended to read as follows: | ||
(1) "Disaster remediation" means the removal, | ||
cleaning, sanitizing, demolition, reconstruction, or other | ||
treatment of existing improvements to real property performed | ||
because of damage or destruction to that property caused by a | ||
natural disaster. | ||
(2) "Disaster remediation contractor" means a person | ||
who engages in disaster remediation for compensation, other than a | ||
person who has a permit, license, registration, or other | ||
authorization from the Texas Commission on Environmental Quality | ||
for the collection, transportation, treatment, storage, | ||
processing, or disposal of solid waste, but does not include an | ||
entity approved by the Internal Revenue Service as tax exempt under | ||
Section 501(c)(3), Internal Revenue Code of 1986. | ||
SECTION 2. Section 58.004, Business & Commerce Code, is | ||
amended to read as follows: | ||
Sec. 58.004. PENALTIES [ |
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violation of this chapter by a disaster remediation contractor is a | ||
false, misleading, or deceptive act or practice as defined by | ||
Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is | ||
available for a violation of this chapter. | ||
(b) A disaster remediation contractor who violates Section | ||
58.003(b)(1) or (2) commits an offense. An offense under this | ||
section is: | ||
(1) a Class B misdemeanor if the offense was committed | ||
without the intent to defraud the person contracting for disaster | ||
remediation services; or | ||
(2) a felony of the third degree if the offense was | ||
committed with the intent to defraud the person contracting for | ||
disaster remediation services. | ||
(c) It is a defense to prosecution under this section if the | ||
disaster remediation contractor refunds any payment made in | ||
violation of Section 58.003(b)(1) or (2) not later than the 15th day | ||
following the receipt of a written demand alleging a violation of | ||
Section 58.003(b)(1) or (2) sent by certified mail to the disaster | ||
remediation contractor's last known business address or the address | ||
of the disaster remediation contractor's registered agent. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a disaster remediation contract entered into on or after the | ||
effective date of this Act. A disaster remediation contract | ||
entered into before the effective date of this Act is governed by | ||
the law in effect when the contract was entered into, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2856 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 134, Nays 6, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2856 on May 24, 2019, by the following vote: Yeas 135, Nays 5, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2856 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |