1-1 By: Rhodes (Senate Sponsor - Armbrister) H.B. No. 1885
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on Economic
1-4 Development; May 23, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 23, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to solicitation transactions that take place outside a
1-9 merchant's place of business.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 1, Chapter 246, Acts of the 63rd
1-12 Legislature, Regular Session, 1973 (Article 5069-13.01, Vernon's
1-13 Texas Civil Statutes), is amended by amending Subdivision (5) and
1-14 adding Subdivision (6) to read as follows:
1-15 (5) "Home solicitation transaction" means a consumer
1-16 transaction:
1-17 (A) for the purchase of goods, other than farm
1-18 equipment, and insurance sales regulated by the State Board of
1-19 Insurance, or services, payable in installments or in cash where
1-20 the consideration exceeds $25, in which the merchant or person
1-21 acting for him engages in a personal solicitation of the sale to
1-22 the consumer at a place other than the merchant's place of business
1-23 <residence> and the consumer's agreement or offer to purchase is
1-24 given at a place other than the merchant's place of business <the
1-25 residence> to the merchant or person acting for him, but it does
1-26 not include a sale made pursuant to a preexisting revolving charge
1-27 account or retail charge agreement, or a sale made pursuant to
1-28 prior negotiations between the parties at a business establishment
1-29 at a fixed location where goods or services are offered or
1-30 exhibited for sale; or
1-31 (B) for the purchase of realty, payable in
1-32 installments or in cash where the consideration exceeds $100 in
1-33 which the merchant or person acting for him engages in a
1-34 solicitation of the sale to the consumer at a place other than the
1-35 merchant's place of business <the residence of the consumer> and
1-36 the consumer's agreement or offer to purchase is given at a place
1-37 other than the merchant's place of business <the residence of the
1-38 consumer>; but it does not include a sale of realty in which
1-39 transaction the purchaser is represented by a licensed attorney or
1-40 in which the transaction is being negotiated by a licensed real
1-41 estate broker or in which the transaction is being negotiated by
1-42 the person who owns the realty not at the residence of the
1-43 consumer.
1-44 (6) "Place of business" means a merchant's main or
1-45 permanent branch office or local address. In the case of a state
1-46 or national bank or savings and loan association, "place of
1-47 business" includes any approved branch and any registered loan
1-48 production office.
1-49 SECTION 2. (a) The changes in law made by this Act apply
1-50 only to a criminal offense committed or a violation that occurs on
1-51 or after the effective date of this Act. For the purposes of this
1-52 Act, a criminal offense is committed or a violation occurs before
1-53 the effective date of this Act if any element of the offense or
1-54 violation occurs before that date.
1-55 (b) A criminal offense committed or violation that occurs
1-56 before the effective date of this Act is covered by the law in
1-57 effect when the criminal offense was committed or the violation
1-58 occurred, and the former law is continued in effect for this
1-59 purpose.
1-60 SECTION 3. This Act takes effect September 1, 1995.
1-61 SECTION 4. If any section, sentence, clause, or part of this
1-62 Act shall, for any reason, be held invalid, such invalidity shall
1-63 not affect the remaining portions of the Act, and it is hereby
1-64 declared to be the intention of this legislature to have passed
1-65 each section, sentence, clause, or part irrespective of the fact
1-66 that any other section, sentence, clause, or part may be declared
1-67 invalid.
1-68 SECTION 5. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *