H.B. No. 1711
 
 
 
 
AN ACT
  relating to disaster remediation contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Business & Commerce Code, is amended by
  adding Chapter 57 to read as follows:
  CHAPTER 57. DISASTER REMEDIATION CONTRACTS
         Sec. 57.001.  DEFINITIONS. In this chapter:
               (1)  "Disaster remediation" means the removal,
  cleaning, sanitizing, demolition, reconstruction, or other
  treatment of 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.
               (3)  "Natural disaster" means the occurrence of
  widespread or severe damage, injury, or loss of life or property
  related to any natural cause, including fire, flood, earthquake,
  wind, storm, or wave action, that results in a disaster declaration
  by the governor under Chapter 418, Government Code.
               (4)  "Person" means an individual, corporation, trust,
  partnership, association, or other private legal entity.
         Sec. 57.002.  APPLICABILITY OF CHAPTER. (a) Except as
  provided by Subsection (b), this chapter applies to a contract
  between a person and a disaster remediation contractor for the
  performance of disaster remediation services on property owned or
  leased by the person.
         (b)  This chapter does not apply to a contract between a
  person and a disaster remediation contractor for the performance of
  disaster remediation services on property owned or leased by the
  person if the contractor maintains for at least one year preceding
  the date of the contract a physical business address in:
               (1)  the county in which the property is located; or
               (2)  a county adjacent to the county in which the
  property is located.
         Sec. 57.003.  DISASTER REMEDIATION CONTRACT REQUIREMENTS;
  CERTAIN CONDUCT PROHIBITED.  (a)  A contract subject to this chapter
  must be in writing.
         (b)  A disaster remediation contractor:
               (1)  may not require a person to make a full or partial
  payment under a contract before the contractor begins work;
               (2)  may not require that the amount of any partial
  payment under the contract exceed an amount reasonably
  proportionate to the work performed, including any materials
  delivered; and
               (3)  shall include in any contract for disaster
  remediation services the following statement in conspicuous,
  boldfaced type of at least 10 points in size: "This contract is
  subject to Chapter 57, Business & Commerce Code. A contractor may
  not require a full or partial payment before the contractor begins
  work and may not require partial payments in an amount that exceeds
  an amount reasonably proportionate to the work performed, including
  any materials delivered."
         Sec. 57.004.  DECEPTIVE TRADE PRACTICE. A 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.
         Sec. 57.005.  WAIVER OF CHAPTER PROHIBITED. A person may not
  waive this chapter by contract or other means.  A purported waiver
  of this chapter is void.
         SECTION 2.  The change in law made by this Act applies only
  to a contract for the performance of disaster remediation services
  that is entered into on or after the effective date of this Act. A
  contract entered into before the effective date of this Act is
  governed by the law in effect on the date the contract was entered
  into, and the former law is continued in effect for that purpose.
         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