HB 4830 seeks to modernize and expand the regulatory framework for service contracts in Texas by amending key sections of Chapter 1304 of the Texas Occupations Code. The bill redefines essential terms, including “consumer,” “service contract,” and “residential service contract,” removing outdated limitations and introducing broader, more inclusive definitions. Notably, it eliminates language that restricts consumers to only personal, family, or household uses of covered products, signaling a shift toward a more flexible understanding of service contract applicability.
A major component of HB 4830 is its expansion of what qualifies as a service contract. It includes agreements that cover not only repair or replacement of defective products but also identity theft recovery services, compensation for total loss in vehicle depreciation programs, and coverage of costs typically incurred at the end of vehicle leases—such as damage from excess wear, mileage, or missing components. These provisions reflect current industry practices and consumer needs, especially in auto leasing and home warranty contexts.
The bill also clarifies exemptions under the service contract statute by explicitly defining "maintenance agreement" and reaffirming that contracts providing only scheduled maintenance, with no coverage for operational failure or incidental damage, are not subject to regulation under Chapter 1304. By doing so, HB 4830 attempts to draw a clearer boundary between service contracts subject to regulation and other maintenance or warranty products that remain outside the statute’s purview.
Overall, HB 4830 represents a comprehensive update to Texas law to better accommodate modern service contract practices and enhance consumer protections while preserving contractual flexibility for providers and administrators.
The originally filed version of HB 4830 introduced key updates to the definitions and regulatory structure for service contracts in Texas, especially under Chapter 1304 of the Occupations Code. However, the Committee Substitute version of the bill contains several material changes and clarifications that expand on or revise the original intentions.
One major difference lies in the definition of “consumer.” The originally filed version maintained a more detailed, structured definition, specifying that the consumer is someone purchasing a product “normally used for personal, family, or household purposes.” The substitute version simplifies this definition to mean merely "an individual to whom a service contract is sold, offered, or marketed," thereby broadening applicability to include commercial or mixed-use buyers.
Another key change involves the scope of what constitutes a "service contract." In the originally filed bill, the term already included coverage for repair, replacement, and reimbursement for product failures and identity recovery. The substitute version notably expands this by explicitly adding new services tied to leased motor vehicles, such as coverage for excess wear, use, mileage, and incidental damage (e.g., tire damage, dents, missing parts). This expansion was not present in the introduced version and represents a significant enhancement in market applicability.
Additionally, the House-engrossed version clarifies that "residential service contracts" include agreements to service appliances, electrical systems, HVAC, etc., but now exclude contracts offered in retail appliance purchases if they don't cover other listed items. This carve-out better delineates consumer protection from retail sales activities and tightens the statute’s scope. Furthermore, the substitute improves drafting clarity by changing terms like “indemnification” to “reimbursement or payment,” promoting consistency and readability.
Lastly, new subsections in the substitute version provide a more refined definition of “maintenance agreements” and “scheduled maintenance,” expressly excluding from regulation any agreements that don’t offer repair coverage, another clarification not included in the original bill.
In summary, the substitute version of HB 4830 builds on the original framework but goes further in broadening definitions, refining exemptions, and accommodating modern leasing practices, especially in the vehicle and residential sectors. These changes signal legislative intent to modernize service contract regulation while improving legal clarity and market flexibility.