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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain telemarketing calls by a credit |
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access business. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 304.004, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 304.004. INAPPLICABILITY OF CHAPTER TO CERTAIN CALLS. |
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This chapter does not apply to a call made: |
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(1) by a consumer: |
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(A) as the result of a solicitation by a seller or |
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telemarketer; or |
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(B) in response to general media advertising by a |
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direct mail solicitation that clearly, conspicuously, and |
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truthfully makes all disclosures required by federal or state law; |
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(2) in connection with: |
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(A) an established business relationship; or |
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(B) a business relationship that has been |
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terminated, if the call is made before the later of: |
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(i) the publication date of the first Texas |
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no-call list in which the consumer's telephone number appears; or |
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(ii) the first anniversary of the date of |
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termination; |
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(3) between a telemarketer and a business, other than |
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by a facsimile solicitation, unless the business has informed the |
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telemarketer that the business does not wish to receive a |
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telemarketing call from the telemarketer; |
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(4) to collect a debt; or |
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(5) by a state licensee, other than a credit access |
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business licensed under Subchapter G, Chapter 393, Finance Code, |
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if: |
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(A) the call is not made by an automated |
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telephone dialing system; |
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(B) the solicited transaction is not completed |
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until a face-to-face sales presentation by the seller occurs and |
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the consumer is not required to pay or authorize payment until after |
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the presentation; and |
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(C) the consumer has not informed the |
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telemarketer that the consumer does not wish to receive a |
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telemarketing call from the telemarketer. |
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SECTION 2. Subchapter G, Chapter 393, Finance Code, is |
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amended by adding Section 393.6245 to read as follows: |
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Sec. 393.6245. TELEMARKETING. (a) Except as provided by |
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Subsection (b), a credit access business or a representative of a |
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credit access business may not make a telemarketing call, as |
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defined by Section 304.002, Business & Commerce Code, to a consumer |
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whose name and telephone number are on the Texas no-call list |
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maintained under Subchapter B, Chapter 304, Business & Commerce |
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Code. |
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(b) A credit access business or a representative of the |
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business may make a telemarketing call to a consumer described by |
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Subsection (a) who: |
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(1) is a party to a contract with the business if the |
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call is made during the term of the contract; or |
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(2) was a party to a contract with the business if the |
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call is made before the first anniversary of the date on which the |
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contract was terminated, unless the consumer requests that the |
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business or representative stop calling the consumer. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |