Texas Business And Commerce Code Title 10, Chapter 304 - Telemarketing

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 304.001 - Short Title
  This chapter may be cited as the Texas Telemarketing Disclosure and Privacy Act. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec....
• Texas Section 304.002 - Definitions
  In this chapter: (1) "Caller identification service or device" means a service or device designed to provide the user of the service or device with...
• Texas Section 304.003 - Making Telemarketing Call
  For purposes of this chapter, a person makes a telemarketing call if the person effects a telemarketing call on the person's own behalf or on...
• Texas Section 304.004 - Inapplicability Of Chapter To Certain Calls
  This chapter does not apply to a call made: (1) by a consumer: (A) as the result of a solicitation by a seller or telemarketer;...
• Texas Section 304.005 - Liberal Construction And Application
  This chapter shall be liberally construed and applied to promote its underlying purpose to protect the public against false, misleading, abusive, or deceptive practices in...

SUBCHAPTER B TEXAS NO-CALL LIST

• Texas Section 304.006 - 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....
• Texas Section 304.051 - Maintenance Of Texas No-call List
  (a) The commission shall provide for the operation of a database to compile a list of names, zip codes, and telephone numbers of consumers in...
• Texas Section 304.052 - Telemarketing Call To Telephone Number On List Prohibited
  A telemarketer may not make a telemarketing call to a telephone number published on the Texas no-call list more than 60 days after the date...
• Texas Section 304.053 - Expiration, Renewal, And Deletion Of Entry
  (a) An entry on the Texas no-call list expires on the third anniversary of the date the entry is first published on the list. An...
• Texas Section 304.054 - Fee
  (a) Except as provided by Subsection (b), the commission may charge a person a reasonable amount not to exceed $3 for a request to place...
• Texas Section 304.055 - Publication In Telephone Directory
  A private for-profit publisher of a residential telephone directory that is distributed to the public at minimal or no cost shall include in the directory...
• Texas Section 304.056 - Placement Of Entries On National Do-not-call Registry
  The commission or a person the commission designates may: (1) provide information on the Texas no-call list to the administrator of the national do-not-call registry;...
• Texas Section 304.057 - General Rulemaking Authority
  The commission may adopt rules to administer this subchapter and Subchapter F, other than Sections 304.254, 304.255, 304.256, and 304.258, as that subchapter relates to...
• Texas Section 304.058 - Rules Regarding Isolated Calls
  The commission shall adopt rules providing that a telemarketing call made to a telephone number on the Texas no-call list is not a violation of...
• Texas Section 304.059 - Rules Regarding Public Notice
  The commission shall adopt rules requiring each local exchange telephone company and each provider of commercial mobile service, as described by Section 304.002(10)(C), that provides...
• Texas Section 304.060 - Rules Regarding Dissemination Of List
  The commission shall adopt rules providing for: (1) the distribution of the Texas no-call list in formats, including electronic formats, commonly used by persons making...
• Texas Section 304.061 - Educational Programs
  In addition to requiring the notice under Section 304.059, the commission may conduct educational programs designed to inform members of the public of their rights...
• Texas Section 304.062 - Assistance Of Department Of Information Resources
  On request of the commission, the Department of Information Resources shall assist the commission in administering this subchapter. Added by Acts 2007, 80th Leg., R.S.,...

SUBCHAPTER C FACSIMILE TRANSMISSIONS

• Texas Section 304.063 - Online Notice
  The commission shall include on its Internet website a notice explaining the application of the Texas no-call list to a call or other transmission, including...
• Texas Section 304.101 - Notice In Facsimile Solicitation
  In addition to complying with the technical and procedural standards established by federal statutes or regulations regarding telephone facsimile machines and transmissions, a person in...

SUBCHAPTER D CALLER IDENTIFICATION

• Texas Section 304.102 - Acknowledgment Required; Transmission Prohibited
  On receiving oral or written notice from the recipient of a facsimile solicitation not to send any further facsimile transmissions to one or more specified...
• Texas Section 304.151 - Interference With Caller Identification Service Or Device Prohibited
  (a) In making a telemarketing call, a telemarketer may not block the identity of the telephone number from which the call is made to evade...

SUBCHAPTER E REGULATORY REPORTS

• Texas Section 304.152 - Exception: Use Of Certain Service Or Equipment
  For purposes of Section 304.151, use of a telecommunications service or telecommunications equipment that is incapable of transmitting caller identification information does not of itself...
• Texas Section 304.201 - Report By Commission
  (a) Before December 31 of each even-numbered year, the commission shall submit a report to the lieutenant governor and the speaker of the house of...

SUBCHAPTER F ENFORCEMENT

• Texas Section 304.202 - Report By Attorney General
  (a) Before December 31 of each even-numbered year, the attorney general shall submit a report to the lieutenant governor and the speaker of the house...
• Texas Section 304.251 - Enforcement By Commission
  (a) Except as provided by Section 304.253, the commission shall receive and investigate complaints concerning violations of Subchapters B, C, and D and may impose...
• Texas Section 304.252 - Enforcement By Attorney General
  (a) Except as provided by Section 304.253, the attorney general may investigate violations of Subchapters B, C, and D and file civil enforcement actions seeking:...
• Texas Section 304.253 - Enforcement By Licensing Agency
  (a) A state agency that issues a license to a state licensee shall: (1) receive and investigate complaints concerning violations of Subchapters B and C...
• Texas Section 304.254 - Determination Of Amount Of Administrative Penalty
  The amount of an administrative penalty imposed under this subchapter must be based on: (1) the seriousness of the violation, including the nature, circumstances, extent,...
• Texas Section 304.255 - Stay Of Administrative Penalty
  (a) The enforcement of an administrative penalty imposed under this subchapter may be stayed during the time the order is under judicial review if the...
• Texas Section 304.256 - Contested Case
  A proceeding to impose an administrative penalty under this subchapter is a contested case under Chapter 2001, Government Code. Added by Acts 2007, 80th Leg.,...
• Texas Section 304.257 - Private Action: Telemarketing Calls
  (a) A consumer on the Texas no-call list is presumed to be adversely affected by a telemarketer who calls the consumer more than once. The...
• Texas Section 304.258 - Private Action: Facsimile Transmission
  (a) A person may bring a civil action based on a violation of Subchapter C: (1) for damages in an amount equal to the greater...
• Texas Section 304.259 - Venue
  (a) Venue for an action based on a violation of Subchapter B or C is in: (1) the county in which the telemarketing call was...

Last modified: September 28, 2016