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.