By Rhodes                                             H.B. No. 1885
       74R7409 T
                                 A BILL TO BE ENTITLED
    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.  Article 5069-13.01, Revised Statutes, is amended
    1-6  by amending Subdivision (5) and adding Subdivision (6) to read as
    1-7  follows:
    1-8              (5)  "Home solicitation transaction" means a consumer
    1-9  transaction:
   1-10                    (A)  for the purchase of goods, other than farm
   1-11  equipment, and insurance sales regulated by the State Board of
   1-12  Insurance, or services, payable in installments or in cash where
   1-13  the consideration exceeds $25, in which the merchant or person
   1-14  acting for him engages in a personal solicitation of the sale to
   1-15  the consumer at a place other than the merchant's place of business
   1-16  <residence> and the consumer's agreement or offer to purchase is
   1-17  given at a place other than the merchant's place of business <the
   1-18  residence> to the merchant or person acting for him, but it does
   1-19  not include a sale made pursuant to a preexisting revolving charge
   1-20  account or retail charge agreement, or a sale made pursuant to
   1-21  prior negotiations between the parties at a business establishment
   1-22  at a fixed location where goods or services are offered or
   1-23  exhibited for sale; or
   1-24                    (B)  for the purchase of realty, payable in
    2-1  installments or in cash where the consideration exceeds $100 in
    2-2  which the merchant or person acting for him engages in a
    2-3  solicitation of the sale to the consumer at a place other than the
    2-4  merchant's place of business <the residence of the consumer> and
    2-5  the consumer's agreement or offer to purchase is given at a place
    2-6  other than the merchant's place of business <the residence of the
    2-7  consumer>; but it does not include a sale of realty in which
    2-8  transaction the purchaser is represented by a licensed attorney or
    2-9  in which the transaction is being negotiated by a licensed real
   2-10  estate broker or in which the transaction is being negotiated by
   2-11  the person who owns the realty not at the residence of the
   2-12  consumer.
   2-13              (6)  "Place of business" means the main or permanent
   2-14  branch office or local address of a merchant.
   2-15        SECTION 2.  (a)  The changes in law made by this Act apply
   2-16  only to a criminal offense committed or a violation that occurs on
   2-17  or after the effective date of this Act.  For the purposes of this
   2-18  Act, a criminal offense is committed or a violation occurs before
   2-19  the effective date of this Act if any element of the offense or
   2-20  violation occurs before that date.
   2-21        (b)  A criminal offense committed or violation that occurs
   2-22  before the effective date of this Act is covered by the law in
   2-23  effect when the criminal offense was committed or the violation
   2-24  occurred, and the former law is continued in effect for this
   2-25  purpose.
   2-26        SECTION 3.  EFFECTIVE DATE.  This Act takes effect September
   2-27  1, 1995.
    3-1        SECTION 4.  SEVERABILITY.  If any section, sentence, clause,
    3-2  or part of this Act shall, for any reason, be held invalid, such
    3-3  invalidity shall not affect the remaining portions of the Act, and
    3-4  it is hereby declared to be the intention of this legislature to
    3-5  have passed each section, sentence, clause, or part irrespective of
    3-6  the fact that any other section, sentence, clause, or part may be
    3-7  declared invalid.
    3-8        SECTION 5.  EMERGENCY.  The importance of this legislation
    3-9  and the crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.
   3-13                       COMMITTEE AMENDMENT NO. 1
   3-14        Amend H.B. 1885 as follows:
   3-15        On page 2, lines 13 and 14, strike Subsection (6) in its
   3-16  entirety and replace it with the following:
   3-17              "(6)  "Place of business" means a merchant's main or
   3-18  permanent branch office or local address.  In the case of a state
   3-19  or national bank or savings and loan association, "place of
   3-20  business" includes any approved branch and any registered loan
   3-21  production office."
   3-22                                                             Giddings