Eviction Services Bill’s Tenant Disclosure Hangs On One ‘Or’

The text as introduced · 474 words

By: Bowers
H.B. No. 2493

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain eviction-related service

businesses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 17, Business & Commerce

Code, is amended by adding Section 17.465 to read as follows:

Sec. 17.465. EVICTION-RELATED SERVICES. (a) In this

section, "eviction-related services" means any service provided to

consumers in connection with eviction suits filed by landlords

under Chapter 24, Property Code, or with respect to prospective

suits under that chapter.

(b) For purposes of Section 17.46(a), the term "false,

misleading, or deceptive acts or practices" includes the offering

or provision of eviction-related services by a person who:

(1) does not provide:

(A) a clear, written disclosure to a consumer

that includes:

(i) a statement informing the consumer of

the right to obtain legal aid services at no cost;

(ii) a detailed description of the

eviction-related services the person offers;

(iii) information on tenant rights,

including the importance of attending civil proceedings or hearings

in relation to an eviction suit; and

(iv) a notice that the eviction-related

services offered may be accessed through nonprofit organizations

for free; or

(B) a clear statement in any advertisement or

promotional material that the service is a private business and not

affiliated with:

(i) a federal, state, or local government

entity; or

(ii) a legal aid society or legal services

program; or

(2) instructs a consumer not to attend a civil

proceeding or hearing in relation to an eviction suit filed by a

landlord against the consumer under Chapter 24, Property Code, or

with respect to a prospective suit under that chapter.

(c) This section does not apply to:

(1) a federal, state, or local government entity; or

(2) a legal aid society or legal services program.

(d) A violation of this section is a false, misleading, or

deceptive act or practice under this subchapter, and any public or

private right or remedy prescribed by this subchapter may be used to

enforce this section.

SECTION 2. Section 17.49(c), Business & Commerce Code, is

amended to read as follows:

(c) Nothing in this subchapter shall apply to a claim for

damages based on the rendering of a professional service, the

essence of which is the providing of advice, judgment, opinion, or

similar professional skill. This exemption does not apply to:

(1) an express misrepresentation of a material fact

that cannot be characterized as advice, judgment, or opinion;

(2) a failure to disclose information in violation of

Section 17.46(b)(24) or Section 17.465(b) ;

(3) an unconscionable action or course of action that

cannot be characterized as advice, judgment, or opinion;

(4) breach of an express warranty that cannot be

characterized as advice, judgment, or opinion; or

(5) a violation of Section 17.46(b)(26).

SECTION 3. This Act takes effect September 1, 2025.