Texas Business And Commerce Code Title 10, Chapter 302 - Regulation Of Telephone Solicitation
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER B EXEMPTIONS
- Texas Section 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....
- Texas Section 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...
- Texas Section 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.,...
- Texas Section 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 Section 7, The Securities...
- Texas Section 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;...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER C REGISTRATION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,
- Texas Section 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...
SUBCHAPTER D DISCLOSURES REQUIRED IN REGISTRATION STATEMENT
- Texas Section 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...
- Texas Section 302.151 - Disclosure Of Certain Names, Addresses, Telephone Numbers, And Organizational Information
A registration statement must contain: (1) the seller's name and, if different from the seller's name, the name under which the seller is transacting or...
- Texas Section 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...
SUBCHAPTER E ADDITIONAL INFORMATION FROM SELLER
- Texas Section 302.153 - Disclosure Of Certain Sales Information
(a) A registration statement must be accompanied by: (1) a description of the items the seller is offering for sale; (2) a copy of all...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F OFFENSES
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
SUBCHAPTER G ENFORCEMENT
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
Last modified: September 28, 2016