onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Texas Business & Commerce Code - Section 38.053. Persons Or Items Regulated By Other Law

Legal Research Home > Texas Laws > Business & Commerce Code > Texas Business & Commerce Code - Section 38.053. Persons Or Items Regulated By Other Law

§ 38.053. PERSONS OR ITEMS 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 Section 7, The Securities Act (Article 581-7, Vernon's Texas Civil Statutes), or that is subject to an exemption under Section 5 or 6 of that Act; (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 licensed under the Insurance Code if the solicited transaction is governed by the Insurance Code; (4) a supervised financial institution or parent, subsidiary, or affiliate of a supervised financial institution; (5) a person or affiliate of a person whose business is regulated by the Public Utility Commission of Texas, except that this chapter applies to a person or affiliate of a person who is regulated by the Public Utility Commission of Texas 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 the filing requirements of Chapter 1803, Occupations Code; or (9) a person soliciting a transaction regulated by the Commodity Futures Trading Commission if the person is registered or temporarily licensed for that activity with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Section 1 et seq.) and the registration or license has not expired or been suspended or revoked. Added by Acts 1997, 75th Leg., ch. 1008, § 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.730, eff. Sept. 1, 2001.

Section:  Previous  37.04  37.05  38.001  38.002  38.003  38.051  38.052  38.053  38.054  38.055  38.056  38.057  38.058  38.059  38.060  Next

Last modified: August 11, 2007