H.B. No. 1885
1-1 AN ACT
1-2 relating to solicitation transactions that take place outside a
1-3 merchant's place of business.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Chapter 246, Acts of the 63rd
1-6 Legislature, Regular Session, 1973 (Article 5069-13.01, Vernon's
1-7 Texas Civil Statutes), is amended by amending Subdivision (5) and
1-8 adding Subdivision (6) to read as follows:
1-9 (5) "Home solicitation transaction" means a consumer
1-10 transaction:
1-11 (A) for the purchase of goods, other than farm
1-12 equipment, and insurance sales regulated by the State Board of
1-13 Insurance, or services, payable in installments or in cash where
1-14 the consideration exceeds $25, in which the merchant or person
1-15 acting for him engages in a personal solicitation of the sale to
1-16 the consumer at a place other than the merchant's place of business
1-17 <residence> and the consumer's agreement or offer to purchase is
1-18 given at a place other than the merchant's place of business <the
1-19 residence> to the merchant or person acting for him, but it does
1-20 not include a sale made pursuant to a preexisting revolving charge
1-21 account or retail charge agreement, or a sale made pursuant to
1-22 prior negotiations between the parties at a business establishment
1-23 at a fixed location where goods or services are offered or
1-24 exhibited for sale; or
2-1 (B) for the purchase of realty, payable in
2-2 installments or in cash where the consideration exceeds $100 in
2-3 which the merchant or person acting for him engages in a
2-4 solicitation of the sale to the consumer at a place other than the
2-5 merchant's place of business <the residence of the consumer> and
2-6 the consumer's agreement or offer to purchase is given at a place
2-7 other than the merchant's place of business <the residence of the
2-8 consumer>; but it does not include a sale of realty in which
2-9 transaction the purchaser is represented by a licensed attorney or
2-10 in which the transaction is being negotiated by a licensed real
2-11 estate broker or in which the transaction is being negotiated by
2-12 the person who owns the realty not at the residence of the
2-13 consumer.
2-14 (6) "Place of business" means a merchant's main or
2-15 permanent branch office or local address. In the case of a state
2-16 or national bank or savings and loan association, "place of
2-17 business" includes any approved branch and any registered loan
2-18 production office.
2-19 SECTION 2. (a) The changes in law made by this Act apply
2-20 only to a criminal offense committed or a violation that occurs on
2-21 or after the effective date of this Act. For the purposes of this
2-22 Act, a criminal offense is committed or a violation occurs before
2-23 the effective date of this Act if any element of the offense or
2-24 violation occurs before that date.
2-25 (b) A criminal offense committed or violation that occurs
2-26 before the effective date of this Act is covered by the law in
2-27 effect when the criminal offense was committed or the violation
3-1 occurred, and the former law is continued in effect for this
3-2 purpose.
3-3 SECTION 3. This Act takes effect September 1, 1995.
3-4 SECTION 4. If any section, sentence, clause, or part of this
3-5 Act shall, for any reason, be held invalid, such invalidity shall
3-6 not affect the remaining portions of the Act, and it is hereby
3-7 declared to be the intention of this legislature to have passed
3-8 each section, sentence, clause, or part irrespective of the fact
3-9 that any other section, sentence, clause, or part may be declared
3-10 invalid.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.