reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 273 - Law or Forum Applicable to Certain Contracts for Disposition of Goods › Section 273.001. Contracts Subject to Chapter

Sec. 273.001.  CONTRACTS SUBJECT TO CHAPTER.  This chapter applies to a contract only if:
(1)  the contract is for the sale, lease, exchange, or other disposition for value of goods for the price, rental, or other consideration of $50,000 or less;
(2)  any element of the contract's execution occurred in this state;
(3)  a party to the contract is:
(A)  an individual resident of this state; or
(B)  an association or corporation that is created under the laws of this state or has its principal place of business in this state; and
(4)  Section 1.301 does not apply to the contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 273 - Law or Forum Applicable to Certain Contracts for Disposition of Goods › Section 273.002. Notice of Applicable Law or Forum

Sec. 273.002.  NOTICE OF APPLICABLE LAW OR FORUM.  If a contract contains a provision making the contract or any conflict arising under the contract subject to another state's laws, litigation in the courts of another state, or arbitration in another state, that provision must be set out conspicuously in print, type, or other form of writing that is boldfaced, capitalized, underlined, or otherwise set out in such a manner that a reasonable person against whom the provision may operate would notice the provision.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 273 - Law or Forum Applicable to Certain Contracts for Disposition of Goods › Section 273.003. Failure to Provide Notice

Sec. 273.003.  FAILURE TO PROVIDE NOTICE.  A contract provision that does not comply with Section 273.002 is voidable by a party against whom the provision is sought to be enforced.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 274 - Law Applicable to Contract Made Over Internet › Section 274.001. Definition

Sec. 274.001.  DEFINITION.  In this chapter, "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 274 - Law Applicable to Contract Made Over Internet › Section 274.002. Applicability of Chapter; Exception

Sec. 274.002.  APPLICABILITY OF CHAPTER; EXCEPTION.  (a)  Except as provided by Subsection (b), this chapter applies only to a contract made solely over the Internet between a person located in this state and a person located outside this state who does not maintain an office or agent in this state for transacting business in this state.
(b)  This chapter does not apply to a contract to which Chapter 271 applies.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 274 - Law Applicable to Contract Made Over Internet › Section 274.003. State Law Governing Contract; Burden of Proof

Sec. 274.003.  STATE LAW GOVERNING CONTRACT; BURDEN OF PROOF.  (a)  A contract is governed by the law of this state unless each party to the contract who is located in this state:
(1)  is given notice that the law of the state in which another party to the contract is located applies to the contract; and
(2)  agrees to the application of that state's law.
(b)  A person asserting that the law of another state governs a contract has the burden of proving that notice was given and agreement was obtained as specified by Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 9 - Applicability of Law to Commercial Transactions › Chapter 274 - Law Applicable to Contract Made Over Internet › Section 274.004. Applicability of Other Law to Contract

Sec. 274.004.  APPLICABILITY OF OTHER LAW TO CONTRACT.  Section 1.031 and Chapter 273 do not apply to a contract to which this chapter applies.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter A. General Provisions › Section 301.001. Definitions

Sec. 301.001.  DEFINITIONS.  In this chapter:
(1)  "Automated dial announcing device" means automated equipment used for telephone solicitation or collection that can:
(A)  store telephone numbers to be called or produce numbers to be called through use of a random or sequential number generator; and
(B)  convey, alone or in conjunction with other equipment, a prerecorded or synthesized voice message to the number called without the use of a live operator.
(2)  "Consumer" means a person who is solicited to purchase, lease, or receive a consumer good or service.
(3)  "Consumer good or service" means:
(A)  real property or tangible or intangible personal property that is normally used for personal, family, or household purposes, including:
(i)  personal property intended to be attached to or installed in any real property;
(ii)  a cemetery lot; and
(iii)  a time-share estate; or
(B)  a service related to real or personal property.
(4)  "Consumer telephone call" means an unsolicited call made to a residential telephone number by a telephone solicitor to:
(A)  solicit a sale of a consumer good or service;
(B)  solicit an extension of credit for a consumer good or service; or
(C)  obtain information that will or may be used to directly solicit a sale of a consumer good or service or to extend credit for the sale.
(5)  "Telephone solicitor" means a person who makes or causes to be made a consumer telephone call, including a call made by an automated dial announcing device.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter B. Permitted and Prohibited Practices › Section 301.051. Telephone Solicitation Requirements

Sec. 301.051.  TELEPHONE SOLICITATION REQUIREMENTS.  (a)  This section does not apply to a consumer telephone call made:
(1)  in response to the express request of the consumer;
(2)  primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call; or
(3)  to a consumer with whom the telephone solicitor has a prior or existing business relationship.
(b)  A telephone solicitor may not make a consumer telephone call to a consumer unless:
(1)  the telephone solicitor, immediately after making contact with the consumer to whom the call is made, identifies:
(A)  himself or herself by name;
(B)  the business on whose behalf the telephone solicitor is calling; and
(C)  the purpose of the call;
(2)  the telephone solicitor makes the call after 12 noon and before 9 p.m. on a Sunday or after 9 a.m. and before 9 p.m. on a weekday or a Saturday; and
(3)  for those calls in which an automated dial announcing device is used, the device disconnects the consumer's telephone line within the period specified by Section 55.126, Utilities Code, after either the telephone solicitor or the consumer terminates the call.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter B. Permitted and Prohibited Practices › Section 301.052. Charges to Consumer's Credit Card Account

Sec. 301.052.  CHARGES TO CONSUMER'S CREDIT CARD ACCOUNT.  A person who sells consumer goods or services through the use of a telephone solicitor may not make or submit a charge to a consumer's credit card account unless the seller:
(1)  provides that:
(A)  the consumer may receive a full refund for returning undamaged and unused goods or canceling services by providing notice to the seller not later than the seventh day after the date the consumer receives the goods or services; and
(B)  the seller will process:
(i)  a refund not later than the 30th day after the date the seller receives the returned goods from the consumer; or
(ii)  a full refund not later than the 30th day after the date the consumer cancels an order for the purchase of services not performed or a pro rata refund for any services not yet performed for the consumer;
(2)  provides to the consumer a written contract fully describing the goods or services being offered, the total price to be charged, the name, address, and business telephone number of the seller, and any terms affecting the sale and receives from the consumer a signed copy of the contract; or
(3)  is an organization that qualifies for an exemption from federal income taxation under Section 501(c)(3), Internal Revenue Code of 1986, and has obtained that exemption from the Internal Revenue Service.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter C. Enforcement › Section 301.101. Investigation by Attorney General's Office

Sec. 301.101.  INVESTIGATION BY ATTORNEY GENERAL'S OFFICE.  The attorney general's office shall investigate a complaint relating to a violation of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter C. Enforcement › Section 301.102. Injunctive Relief

Sec. 301.102.  INJUNCTIVE RELIEF.  (a)  The attorney general's office may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter.
(b)  A district court, on petition of the attorney general's office and on finding that a person is violating this chapter, may:
(1)  issue an injunction prohibiting the person from continuing the violation; or
(2)  grant any other injunctive relief warranted by the facts.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter C. Enforcement › Section 301.103. Civil Penalty; Restitution

Sec. 301.103.  CIVIL PENALTY; RESTITUTION.  (a)  A person who knowingly violates this chapter is liable for a civil penalty of not more than $10,000 for each violation.
(b)  In addition to bringing an action for injunctive relief under Section 301.102, the attorney general's office may seek restitution and petition a district court for the assessment of a civil penalty as provided by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter C. Enforcement › Section 301.104. Civil Action

Sec. 301.104.  CIVIL ACTION.  A consumer injured by a violation of this chapter may bring an action for recovery of damages.  The damages awarded may not be less than the amount the consumer paid the person who sold the consumer goods or services through the use of the telephone solicitor, plus reasonable attorney's fees and court costs.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 301 - Telephone Solicitation Practices › Subchapter C. Enforcement › Section 301.105. Venue

Sec. 301.105.  VENUE.  Venue for an action brought under this chapter is in:
(1)  the county in which the consumer telephone call originated;
(2)  the county in which the consumer telephone call was received; or
(3)  Travis County.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter A. General Provisions › Section 302.001. Definitions

Sec. 302.001.  DEFINITIONS.  In this chapter:
(1)  "Item" means property or a service.  The term includes a coupon book to be used with a business.
(2)  "Owner" means a person who has control of or is entitled to, by ownership or other claim, at least 10 percent of a seller's net income.
(3)  "Purchaser" means a person who:
(A)  is solicited to become or becomes obligated for the purchase or rental of an item; or
(B)  is offered an opportunity to claim or receive an item.
(4)  "Salesperson" means a person who is employed or authorized by a seller to make a telephone solicitation.
(5)  "Seller" means a person who makes a telephone solicitation on the person's own behalf.
(6)  "Supervised financial institution" means a bank, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, insurer, or other financial institution that is subject to supervision by an official or agency of this state or the United States.
(7)  "Telephone solicitation" means a telephone call a seller or salesperson initiates to induce a person to purchase, rent, claim, or receive an item.  The term includes a telephone call a purchaser makes in response to a solicitation sent by mail or made by any other means.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter A. General Provisions › Section 302.002. Making Telephone Solicitation

Sec. 302.002.  MAKING TELEPHONE SOLICITATION.  For purposes of this chapter, a person makes a telephone solicitation if the person effects or attempts to effect a telephone solicitation, including a solicitation initiated by an automatic dialing machine or a recorded message device.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter A. General Provisions › Section 302.003. Liberal Construction and Application

Sec. 302.003.  LIBERAL CONSTRUCTION AND APPLICATION.  This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons against false, misleading, or deceptive practices in the telephone solicitation business.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter A. General Provisions › Section 302.004. Attempted Waiver Void

Sec. 302.004.  ATTEMPTED WAIVER VOID.  An attempted waiver of a provision of this chapter is void.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter B. Exemptions › Section 302.051. Burden of Proof

Sec. 302.051.  BURDEN OF PROOF.  (a)  In a civil proceeding in which a violation of this chapter is alleged, a person who claims an exemption from the application of this chapter has the burden of proving the exemption.
(b)  In a criminal proceeding in which a violation of this chapter is alleged, a person who claims an exemption from the application of this chapter as a defense to prosecution has the burden of producing evidence to support the defense.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter B. Exemptions › Section 302.052. Exemptions Apply Only to Sellers; Exception

Sec. 302.052.  EXEMPTIONS APPLY ONLY TO SELLERS; EXCEPTION.  Except as provided by Section 302.060, an exemption from the application of this chapter applies only to a seller.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter F. Offenses › Section 302.252. Acting as Salesperson for Unregistered Seller

Sec. 302.252.  ACTING AS SALESPERSON FOR UNREGISTERED SELLER.  (a)  A person commits an offense if the person knowingly acts as a salesperson on behalf of a seller who violates the registration requirements of this chapter.  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.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter F. Offenses › Section 302.253. Request for Credit Card Account Number or Checking Account Number After Offer of Free Item

Sec. 302.253.  REQUEST FOR CREDIT CARD ACCOUNT NUMBER OR CHECKING ACCOUNT NUMBER AFTER OFFER OF FREE ITEM.  (a)  A seller commits an offense if the seller knowingly:
(1)  represents or implies that a purchaser will receive an item without charge, regardless of whether the item is designated as a gift, premium, bonus, or prize or otherwise; and
(2)  requests a credit card account number or checking account number from the purchaser to charge to the credit card account or debit from the checking account an amount as a condition precedent to the purchaser's receipt of the item.
(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.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter G. Enforcement › Section 302.301. Injunction

Sec. 302.301.  INJUNCTION.  (a)  The attorney general may bring an action to enjoin a person from violating this chapter.
(b)  The attorney general shall notify the defendant of the alleged prohibited conduct not later than the seventh day before the date the action is filed, except that notice is not required if the attorney general intends to request that the court issue a temporary restraining order.
(c)  The attorney general is entitled to recover all reasonable costs of prosecuting the action, including court costs and investigation costs, deposition expenses, witness fees, and attorney's fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter G. Enforcement › Section 302.302. Civil Penalties

Sec. 302.302.  CIVIL PENALTIES.  (a)  A person who violates this chapter is subject to a civil penalty of not more than $5,000 for each violation.
(b)  A person who violates an injunction issued under Section 302.301 is liable to this state for a civil penalty of not more than:
(1)  $25,000 for each violation of the injunction; and
(2)  $50,000 for all violations of the injunction.
(c)  The attorney general may bring an action to recover a civil penalty under Subsection (b) in the court that issued the original injunction.
(d)  The party bringing the action also is entitled to recover all reasonable costs of prosecuting the action, including court costs and investigation costs, deposition expenses, witness fees, and attorney's fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter G. Enforcement › Section 302.303. Deceptive Trade Practices

Sec. 302.303.  DECEPTIVE TRADE PRACTICES.  (a)  A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17.
(b)  A public or private right or remedy prescribed by Subchapter E, Chapter 17, may be used to enforce this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 302 - Regulation of Telephone Solicitation › Subchapter G. Enforcement › Section 302.304. Action to Recover Against Security

Sec. 302.304.  ACTION TO RECOVER AGAINST SECURITY.  (a)  A person injured by a seller's bankruptcy or by a seller's breach of an agreement entered into during a telephone solicitation may bring an action to recover against the security required under Section 302.107.
(b)  The liability of the surety on a bond provided under  Section 302.107 may not exceed the amount of the bond, regardless of the number of claims filed or the aggregate amount claimed.  If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the secretary of state for distribution to claimants entitled to recovery, and the surety is then relieved of all liability under the bond.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 303 - Telephone Solicitation for Certain Law Enforcement-Related Charitable Organizations › Subchapter A. General Provisions › Section 303.001. Definitions

Sec. 303.001.  DEFINITIONS.  In this chapter:
(1)  "Commercial telephone solicitor" means a person whom a law enforcement-related charitable organization retains to make a telephone solicitation, directly or through another person under the direction of the person retained.  The term does not include a bona fide officer, director, or employee of, or volunteer for, a law enforcement-related charitable organization.
(2)  "Contribution" means a promise to give or a gift of money or other property, credit, financial assistance, or another thing of any kind or value.  The term does not include:
(A)  volunteer services; or
(B)  bona fide fees, dues, or assessments a member pays if membership is not conferred solely as consideration for making a contribution in response to a telephone solicitation.
(3)  "Law enforcement-related charitable organization" means a person who solicits a contribution and is or purports to be established or operating for a charitable purpose relating to law enforcement.  The term includes a nongovernmental law enforcement organization or publication and survivors of law enforcement officers killed in the line of duty.  The term does not include a governmental law enforcement agency or organization.
(4)  "Telephone solicitation" means the use of a telephone to solicit another person to make a charitable contribution to a law enforcement-related charitable organization.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.