Campos Fire Remediation Bill Exempts State Environmental Permit Holders

The text as introduced · 605 words

89R9119 SCR-D

By: Campos
H.B. No. 4169

A BILL TO BE ENTITLED

AN ACT

relating to fire 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 60 to read as follows:

CHAPTER 60. FIRE REMEDIATION CONTRACTS

Sec. 60.001. DEFINITIONS. In this chapter:

(1) "Final fire remediation contract" means a fire

remediation contract entered into after an insurance company

performs an adequate assessment of the damage or destruction caused

by a fire.

(2) "Fire remediation" means removing, cleaning,

sanitizing, demolishing, or otherwise treating improvements to

real property because of damage or destruction to that property

caused by a fire.

(3) "Fire remediation contract" means an agreement for

fire remediation services.

(4) "Fire remediation contractor" means a person who

engages in fire remediation for compensation, other than a person

who holds a permit, license, registration, or other authorization

issued by the Texas Commission on Environmental Quality for the

collection, transportation, treatment, storage, processing, or

disposal of solid waste.

(5) "Person" means an individual, corporation, trust,

partnership, association, or other private legal entity.

(6) "Pre-estimate fire remediation contract" means a

fire remediation contract entered into before an insurance company

performs an adequate assessment of the damage or destruction caused

by a fire.

Sec. 60.002. APPLICABILITY OF CHAPTER. This chapter

applies to a contract between a person and a fire remediation

contractor for the performance of fire remediation services on real

property owned or leased by the person.

Sec. 60.003. CERTAIN FIRE REMEDIATION CONTRACTS NOT

BINDING. A pre-estimate fire remediation contract is not binding

except to the extent provided by Section 60.004.

Sec. 60.004. FIRE REMEDIATION CONTRACT REQUIREMENTS. A

fire remediation contract between a person who owns or leases

property and a fire remediation contractor must be in writing and

include:

(1) a statement acknowledging the contract is not

binding if the contract is a pre-estimate fire remediation contract

except to the extent provided by Subdivision (5);

(2) any applicable estimated dollar amount an

insurance company will pay for the fire remediation services;

(3) the estimated amount the person will be

responsible for paying after submitting any applicable insurance

claim;

(4) a statement informing the person that the person

is not required to sign the contract; and

(5) a statement that, if the person signs the

contract, the person is only responsible for paying the estimated

amount provided in accordance with Subdivision (3).

Sec. 60.005. ELECTRONIC FILING SYSTEM. (a) The secretary

of state shall maintain on the secretary's Internet website an

electronic filing system for fire remediation contracts.

(b) A fire remediation contractor shall submit each

pre-estimate fire remediation contract and final fire remediation

contract to the electronic filing system.

Sec. 60.006. DECEPTIVE TRADE PRACTICE. A violation of this

chapter by a fire remediation contractor is a false, misleading, or

deceptive act or practice in addition to the practice described by

Subchapter E, Chapter 17, and is actionable under that subchapter.

Sec. 60.007. PROHIBITED WAIVER OF CHAPTER. A person may not

waive the requirements of this chapter by contract or other means.

A purported waiver of this chapter is a violation of this section

and is void.

SECTION 2. Chapter 60, Business & Commerce Code, as added by

this Act, applies only to a contract 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, 2025.