reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 302.053 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.053. Exemption: Persons Regulated by Other Law

Sec. 302.053.  EXEMPTION: PERSONS REGULATED BY OTHER LAW.  This chapter does not apply to:(1)  a person offering or selling a security that has been qualified for sale under Chapter 4003, Government Code, or that is subject to an exemption under Chapter 4005, Government Code;(2)  a publicly traded corporation registered with the Securities and Exchange Commission or the State Securities Board, or a subsidiary or agent of the corporation;(3)  a person who holds a license issued under the Insurance Code if the solicited transaction is governed by that code;(4)  a supervised financial institution or a parent, a subsidiary, or an affiliate of a supervised financial institution;(5)  a person whose business is regulated by the Public Utility Commission of Texas or an affiliate of that person, except that this chapter applies to such a person or affiliate only with respect to one or more automated dial announcing devices;(6)  a person subject to the control or licensing regulations of the Federal Communications Commission;(7)  a person selling a contractual plan regulated by the Federal Trade Commission trade regulation on use of negative option plans by sellers in commerce under 16 C.F.R. Part 425;(8)  a person subject to filing requirements under Chapter 1803, Occupations Code; or(9)  a person who:(A)  is soliciting a transaction regulated by the Commodity Futures Trading Commission; and(B)  is registered or holds a temporary license for the activity described by Paragraph (A) with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Section 1 et seq.), if the registration or license has not expired or been suspended or revoked.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Amended by: Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.03, eff. January 1, 2022.|
TX Bus & Com Code § 302.054 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.054. Exemption: Persons Selling Media Subscriptions, Certain Merchandise, or Items From Certain Catalogs

Sec. 302.054.  EXEMPTION:  PERSONS SELLING MEDIA SUBSCRIPTIONS, CERTAIN MERCHANDISE, OR ITEMS FROM CERTAIN CATALOGS.  This chapter does not apply to:(1)  a person soliciting the sale of a subscription to:(A)  a daily or weekly newspaper of general circulation;(B)  a magazine or other periodical of general circulation; or(C)  a cable television service;(2)  a person selling merchandise under an arrangement in which the seller periodically ships the merchandise to a consumer who has consented in advance to receive the merchandise periodically; or(3)  a person periodically issuing and delivering to purchasers catalogs that each:(A)  include a written description or illustration and the sales price of each item offered for sale;(B)  include at least 24 full pages of written material or illustrations;(C)  are distributed in more than one state; and(D)  have an annual circulation of at least 250,000 customers.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.055 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.055. Exemption: Educational and Nonprofit Organizations

Sec. 302.055.  EXEMPTION:  EDUCATIONAL AND NONPROFIT ORGANIZATIONS.  This chapter does not apply to an educational institution or organization or a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.056 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.056. Exemption: Certain Commercial Sales

Sec. 302.056.  EXEMPTION:  CERTAIN COMMERCIAL SALES.  This chapter does not apply to a sale in which the purchaser is a business that intends to:(1)  resell the item purchased; or(2)  use the item purchased in a recycling, reuse, remanufacturing, or manufacturing process.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.057 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.057. Exemption: Person Soliciting Food Sales

Sec. 302.057.  EXEMPTION: PERSON SOLICITING FOOD SALES.  This chapter does not apply to a person soliciting the sale of food.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.058 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.058. Exemption: Solicitation of Former or Current Customers

Sec. 302.058.  EXEMPTION: SOLICITATION OF FORMER OR CURRENT CUSTOMERS.  This chapter does not apply to:(1)  the solicitation of a contract for the maintenance or repair of an item previously purchased from the person making the solicitation or on whose behalf the solicitation is made; or(2)  a person who:(A)  is soliciting business from a former or current customer; and(B)  has operated under the same business name for at least two years.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.059 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.059. Exemption: Persons Who Make Certain Sales Presentations or Make Sales at Established Retail Locations

Sec. 302.059.  EXEMPTION: PERSONS WHO MAKE CERTAIN SALES PRESENTATIONS OR MAKE SALES AT ESTABLISHED RETAIL LOCATIONS.  This chapter does not apply to:(1)  a person conducting a telephone solicitation who:(A)  does not intend to complete or obtain provisional acceptance of a sale during the telephone solicitation;(B)  does not make a major sales presentation during the telephone solicitation but arranges for a major sales presentation to be made face-to-face at a later meeting between the salesperson and the purchaser; and(C)  does not cause an individual to go to the purchaser to collect payment for the purchase or to deliver an item purchased directly following the telephone solicitation; or(2)  a person who for at least two years, under the same name as that used in connection with the person's telemarketing operations, has operated a retail establishment where consumer goods are displayed and offered for sale continuously, if a majority of the person's business involves buyers obtaining services or products at the retail establishment.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.060 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.060. Exemption: Certain Persons Providing Telephone Solicitation Services Predominantly for Exempt Persons

Sec. 302.060.  EXEMPTION: CERTAIN PERSONS PROVIDING TELEPHONE SOLICITATION SERVICES PREDOMINANTLY FOR EXEMPT PERSONS.  This chapter does not apply to a person:(1)  who provides telephone solicitation services under contract to a seller;(2)  who has been operating continuously for at least three years under the same business name; and(3)  for whom at least 75 percent of the person's contracts are performed on behalf of other persons exempt from the application of this chapter under this section.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.061 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter B. Exemptions|Section 302.061. Exemption: Persons Conducting Certain Isolated Telephone Solicitations

Sec. 302.061.  EXEMPTION: PERSONS CONDUCTING CERTAIN ISOLATED TELEPHONE SOLICITATIONS.  This chapter does not apply to a person engaging in a telephone solicitation that:(1)  is an isolated transaction; and(2)  is not done in the course of a pattern of repeated transactions of a similar nature.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.101 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.101. Registration Certificate Required

Sec. 302.101.  REGISTRATION CERTIFICATE REQUIRED.  (a)  A seller may not make a telephone solicitation from a location in this state or to a purchaser located in this state unless the seller holds a registration certificate for the business location from which the telephone solicitation is made.(b)  A separate registration certificate is required for each business location from which a telephone solicitation is made.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.102 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.102. Filing of Registration Statement; Public Information

Sec. 302.102.  FILING OF REGISTRATION STATEMENT; PUBLIC INFORMATION.  (a)  To obtain a registration certificate, a seller must file with the secretary of state a registration statement that:(1)  is in the form prescribed by the secretary of state;(2)  contains the information required by Subchapter D;(3)  is verified by each principal of the seller; and(4)  specifies the date and location of verification.(b)  Information included in or attached to a registration statement is public information.(c)  In this section, "principal" means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor, a trustee of a trust, or another individual with similar supervisory functions with respect to any person.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.103 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.103. Issuance of Registration Certificate

Sec. 302.103.  ISSUANCE OF REGISTRATION CERTIFICATE.  (a)  The secretary of state shall issue a registration certificate and mail the certificate to the seller when the secretary of state receives:(1)  a completed registration statement required by Section 302.102;(2)  the filing fee prescribed by Section 302.106;(3)  the security required by Section 302.107; and(4)  the consent regarding service of process required by Section 302.108.(b)  If the seller uses a single registration statement to register more than one business location, the secretary of state shall:(1)  issue a registration certificate for each business location; and(2)  mail all the certificates to the principal business location shown on the registration statement.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.104 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.104. Effective Date of Registration Statement; Renewal

Sec. 302.104.  EFFECTIVE DATE OF REGISTRATION STATEMENT; RENEWAL.  (a)  A registration statement takes effect on the date the secretary of state issues the registration certificate and is effective for one year.(b)  A registration statement may be renewed annually by:(1)  filing a renewal registration statement containing the information required by Subchapter D; and(2)  paying the filing fee prescribed by Section 302.106.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.105 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.105. Addenda Requirements

Sec. 302.105.  ADDENDA REQUIREMENTS.  (a)  For each quarter after the effective date of a registration statement, the seller shall file with the secretary of state an addendum providing the required registration information for each salesperson who is soliciting or has solicited on behalf of the seller during the preceding quarter.(b)  A seller may comply with Subsection (a) by filing with the secretary of state a copy of the "Employer's Quarterly Report" for employee wages that the seller files with the Texas Workforce Commission.(c)  In addition to filing the quarterly addendum, if a material change in information submitted in a registration statement, other than the information described by Subsection (a), occurs before the date for renewal, a seller shall submit that information to the secretary of state by filing an addendum.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.106 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.106. Filing Fee

Sec. 302.106.  FILING FEE.  The filing fee for a registration statement is $200.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.107 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.107. Security Requirements

Sec. 302.107.  SECURITY REQUIREMENTS.  A registration statement must be accompanied by security that:(1)  is in the amount of $10,000;(2)  is in the form of:(A)  a bond executed by a corporate security that:(i)  is approved by the secretary of state; and(ii)  holds a license to transact business in this state;(B)  an irrevocable letter of credit issued for the benefit of the registrant by a supervised financial institution whose deposits are insured by an agency of the federal government; or(C)  a certificate of deposit in a supervised financial institution whose deposits are insured by an agency of the federal government, the principal of which may be withdrawn only on the order of the secretary of state; and(3)  is conditioned on the seller's compliance with this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.108 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter C. Registration|Section 302.108. Appointment of Secretary of State as Agent for Service

Sec. 302.108.  APPOINTMENT OF SECRETARY OF STATE AS AGENT FOR SERVICE.  (a)  A seller shall file with the secretary of state, in the form prescribed by the secretary of state, an irrevocable consent appointing the secretary of state to act as the seller's agent to receive service of process in a noncriminal action or proceeding that may arise under this chapter against the seller or the seller's successor, executor, or administrator if:(1)  an agent has not been named under Section 302.151(15);(2)  the agent named under Section 302.151(15) has resigned or died and the name of a successor agent has not been submitted under Section 302.105; or(3)  the agent named under Section 302.151(15) cannot with reasonable diligence be found at the disclosed address.(b)  Service on the secretary of state under this section has the same effect as service on the seller.  Service on the secretary of state may be made by:(1)  leaving a copy of the process in the office of the secretary of state;(2)  promptly sending by first class mail a notice of the service and a copy of the process to the seller's principal business location at the last address on file with the secretary of state;  and(3)  filing the plaintiff's affidavit of compliance with this section in the action or proceeding on or before the return date of any process or within an additional period that the court allows.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.152 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter D. Disclosures Required in Registration Statement|Section 302.152. Disclosure of Certain Convictions, Pleas, Judgments, Orders, Bankruptcies, and Reorganizations

Sec. 302.152.  DISCLOSURE OF CERTAIN CONVICTIONS, PLEAS, JUDGMENTS, ORDERS, BANKRUPTCIES, AND REORGANIZATIONS.  (a)  With respect to the seller and each person identified under Section 302.151(11) or (13), a registration statement must identify each person:(1)  who has been convicted of or pleaded nolo contendere to:(A)  an offense involving an alleged violation of this chapter; or(B)  fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property;(2)  against whom a final judgment or order has been entered in a civil or administrative action, including a stipulated judgment or order, in which the complaint or petition alleged:(A)  acts constituting:(i)  a violation of this chapter; or(ii)  fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property;(B)  the use of false or misleading representations in an attempt to sell or otherwise dispose of property; or(C)  the use of unfair, unlawful, or deceptive business practices;(3)  who is subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency, including an action affecting a vocational license; or(4)  who, during the previous seven tax years:(A)  has filed in bankruptcy;(B)  has been adjudged a bankrupt;(C)  has been reorganized because of insolvency; or(D)  has been a principal, director, officer, trustee, or general or limited partner of, or had management responsibilities for, a corporation, partnership, joint venture, or other business entity that has filed in bankruptcy, been adjudged a bankrupt, or been reorganized because of insolvency while the person held that position or on or before the first anniversary of the date on which the person last held that position.(b)  For each person identified under Subsection (a)(1), (2), or (3), the statement must disclose:(1)  the court that received the plea of nolo contendere or the court or administrative agency that rendered the conviction, judgment, or order;(2)  the docket number of the matter;(3)  the date the plea of nolo contendere was received or the date of the conviction, judgment, or order; and(4)  the name of any government agency that brought the action resulting in the plea or the conviction, judgment, or order.(c)  For each person identified under Subsection (a)(4), the statement must disclose:(1)  the name and location of the person filing in bankruptcy, adjudged a bankrupt, or reorganized because of insolvency;(2)  the date of the filing, judgment, or reorganization order;(3)  the court having jurisdiction; and(4)  the docket number of the matter.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.201 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter E. Additional Information From Seller|Section 302.201. Information Required to Be Posted or Available at Seller's Business Location

Sec. 302.201.  INFORMATION REQUIRED TO BE POSTED OR AVAILABLE AT SELLER'S BUSINESS LOCATION.  (a)  A seller shall post the registration certificate in a conspicuous place at the location for which the certificate is issued.(b)  A seller shall post in close proximity to the registration certificate the name of each individual in charge of the location.(c)  A seller shall make available at each of the seller's business locations a copy of the entire registration statement and any addenda for inspection by a purchaser or by a representative of a government agency.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.202 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter E. Additional Information From Seller|Section 302.202. Disclosures Required Before Purchase

Sec. 302.202.  DISCLOSURES REQUIRED BEFORE PURCHASE.  When a telephone solicitation is made and before consummation of any sales transaction, a seller shall provide to each purchaser:(1)  the complete street address of the location from which the salesperson is calling the purchaser and, if different, the complete street address of the seller's principal location;(2)  if the seller represents or implies that a purchaser will receive without charge a specified item or one item from among designated items, regardless of whether the items are designated as gifts, premiums, bonuses, prizes, or otherwise:(A)  the information required to be filed by Sections 302.153(b)(4) and (5)(A) and (B), as appropriate; and(B)  the total number of individuals who have actually received from the seller during the preceding 12 months the item having the greatest value and the item with the smallest odds of being received;(3)  if the seller is offering to sell an interest in an oil, gas, or mineral field, well, or exploration site, the information required by Section 302.153(h); and(4)  if the seller represents that an item is being offered at a price below that usually charged for the item, the name of the item's manufacturer.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.203 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter E. Additional Information From Seller|Section 302.203. Reference to Compliance With Statute Prohibited

Sec. 302.203.  REFERENCE TO COMPLIANCE WITH STATUTE PROHIBITED.  A seller may not make or authorize the making of a reference to the seller's compliance with this chapter to a purchaser.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 302.251 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle A - Telephones|Chapter 302 - Regulation of Telephone Solicitation|Subchapter F. Offenses|Section 302.251. Violation of Certain Provisions

Sec. 302.251.  VIOLATION OF CERTAIN PROVISIONS.  (a)  A person commits an offense if the person knowingly violates Section 302.101,  302.105, 302.201, 302.202, or 302.203.  Each violation constitutes a separate offense.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|