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Texas Business & Commerce Code - Section 38.001. Definitions

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 38.001. Definitions

§ 38.001. DEFINITIONS. In this chapter: (1) "Item" means property or service and includes a coupon book that is to be used with a business or company. (2) "Owner" means a person who has control of or is entitled to, by ownership or other claim, at least 10 percent of the net income of a seller. (3) "Purchaser" means a person who is: (A) solicited to become or becomes obligated for the purchase or rental of an item; or (B) offered the opportunity to claim or receive an item. (4) "Salesperson" means a person 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 initiated by a seller or salesperson to or from a person for the purpose of inducing the person to purchase, rent, claim, or receive an item. The term includes a call made by a purchaser in response to a solicitation sent by mail or made by any other means. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997.

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Last modified: August 10, 2007