Bill Text: TX HB2403 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of residential service companies and residential service contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-14 - Referred to Business & Commerce [HB2403 Detail]
Download: Texas-2019-HB2403-Introduced.html
Bill Title: Relating to the regulation of residential service companies and residential service contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-14 - Referred to Business & Commerce [HB2403 Detail]
Download: Texas-2019-HB2403-Introduced.html
86R15415 TYPED | ||
By: Goldman | H.B. No. 2403 |
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relating to the regulation of residential service companies and | ||
residential service contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1303.101(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) Except for the license requirement in Subsection (a), a | ||
person who administers, issues, makes, provides, sells, markets, or | ||
offers to sell a residential service contract or is contractually | ||
obligated to perform services under a residential service contract | ||
is exempt from any other licensing requirements of this state with | ||
respect to the administration, issuance, making, provision, sale, | ||
marketing, or offering for sale or the performance of [ |
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SECTION 2. Section 1303.152(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The amount of the reserve required by Section 1303.151 | ||
is based on the amount of liability remaining under outstanding | ||
residential service contracts written in this state by the | ||
residential service company, as determined by multiplying the total | ||
number of days [ |
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pro rata daily [ |
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SECTION 3. Sections 1303.202(a) and (b), Occupations Code, | ||
are amended to read as follows: | ||
(a) The commission may adopt rules requiring each | ||
residential service company to file with the commission an annual | ||
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(b) The report must: | ||
(1) be on a form prescribed by the commission; | ||
(2) be verified by at least two of the residential | ||
service company's principal officers; and | ||
(3) include: | ||
(A) financial statements of the residential | ||
service company, including its balance sheet and receipts and | ||
disbursements for the preceding year, certified as accurate by: | ||
(i) an independent public accountant; or | ||
(ii) at least two of the residential | ||
service company's principal officers[ |
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(B) any material change to the information | ||
submitted under Section 1303.103, except an amendment to a | ||
residential service contract filed with the commission under | ||
Section 1303.251; | ||
(C) if the residential service company maintains | ||
a reserve required by Section 1303.151(a), the number of | ||
residential service contracts entered into during the year, the | ||
number of contract holders as of the end of the year, and the number | ||
of contracts terminating during the year; [ |
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(D) a schedule of contract charges filed for | ||
informational purposes only which shall not be subject to approval | ||
by the commission; and | ||
(E) any other information that: | ||
(i) relates to the performance and solvency | ||
of the residential service company; and | ||
(ii) is necessary for the commission to | ||
perform its duties under this chapter. | ||
SECTION 4. Section 1303.302(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A seller of a residential property or the buyer's or | ||
seller's agent may not condition the sale of the property on the | ||
buyer's purchase of a residential service contract. A seller of a | ||
residential property or the buyer's or seller's agent who purchases | ||
a residential service contract for the benefit of the buyer has the | ||
right to choose the residential service contract provider. | ||
SECTION 5. Section 1303.352, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1303.352. GROUNDS FOR DISCIPLINARY ACTION. (a) The | ||
commission may discipline a residential service company under | ||
Section 1303.351 if the continued operation of the company would be | ||
hazardous to its contract holders or if the company: | ||
(1) operates in conflict with its basic organizational | ||
document or in a manner that is contrary to that described in and | ||
reasonably inferred from information submitted under Section | ||
1303.103, unless an amendment to the information has been filed | ||
with and approved by the commission; | ||
(2) issues a residential service contract that does | ||
not comply with Sections 1303.251 and 1303.252; | ||
(3) [ |
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reasonably expected to be unable to meet the company's obligations | ||
to contract holders; | ||
(4) [ |
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(5) [ |
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services in a false, misrepresentative, misleading, deceptive, or | ||
unfair manner; or | ||
(6) [ |
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this chapter or a rule adopted under this chapter. | ||
(b) Subsection (a)(5) [ |
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or marketing conducted on behalf of a residential service company | ||
by another person. | ||
SECTION 6. Sections 1303.101(c), 1303.253, and | ||
1303.302(b), Occupations Code, are repealed. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
a residential service contract entered into or renewed on or after | ||
the effective date of this Act. A residential service contract | ||
entered into or renewed before that date is governed by the law as | ||
it existed immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2019. |