HB2493 - Relating to the regulation of certain eviction-related service businesses.

      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.