Texas Business & Commerce Code - Section 44.002. Definitions
Legal Research Home >
Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 44.002. Definitions
§ 44.002. DEFINITIONS. In this chapter:
(1) "Caller identification service" means a service or
device designed to provide the user of the service or device with
the telephone number of an incoming telephone call.
(2) "Commission" means the Public Utility Commission
of Texas.
(3) "Consumer good or service" means property of any
kind that is normally used for personal, family, or household
purposes. The term does not include a security, as defined by
Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil
Statutes).
(4) "Established business relationship" means a prior
or existing relationship of a person formed by a voluntary two-way
communication between a person and a consumer regardless of whether
consideration is exchanged, regarding consumer goods or services
offered by the person, that has not been terminated by either party.
(5) "Facsimile recording device" means any device
capable of receiving a facsimile transmission.
(6) "Facsimile solicitation" means a telemarketing
call made by a transmission to a facsimile recording device.
(7) "Telemarketer" means a person who makes or causes
to be made a telemarketing call.
(8) "State licensee" means a person licensed by a
state agency under a law of this state that requires the person to
obtain a license as a condition of engaging in a profession or
business.
(9) "Telephone call" means a call or other
transmission which is made to or received at a telephone number,
including:
(A) a call made by an automated telephone dialing
system;
(B) a transmission to a facsimile recording
device; and
(C) a call to a mobile telephone number serviced
by a provider of commercial mobile service, as defined by Section
332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.),
as amended, Federal Communications Commission rules, and the
Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as
amended.
Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.
Amended by Acts 2003, 78th Leg., ch. 399, § 1, eff. June 20,
2003. Renumbered from V.T.C.A., Bus. & C. Code § 43.002 by Acts
2003, 78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.
Section: 43.016 43.017 43.018 43.019 43.020 43.021 44.001 44.002 44.003 44.004 44.005 44.006 44.051 44.052 44.101
Last modified: August 10, 2007
|
