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.