By: Armbrister S.B. No. 827
A BILL TO BE ENTITLED
AN ACT
1-1 relating to solicitation transactions that take place outside a
1-2 merchant's place of business.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 5069-13.01, Revised Statutes, is amended
1-5 by amending Subdivision (5) and adding Subdivision (6) to read as
1-6 follows:
1-7 (5) "Home solicitation transaction" means a consumer
1-8 transaction: (A) for the purchase of goods, other than farm
1-9 equipment, and insurance sales regulated by the State Board of
1-10 Insurance, or services, payable in installments or in cash where
1-11 the consideration exceeds $25, in which the merchant or person
1-12 acting for him engages in a personal solicitation of the sale to
1-13 the consumer at a place other than the merchant's place of business
1-14 <residence> and the consumer's agreement or offer to purchase is
1-15 given at a place other than the merchant's place of business <the
1-16 residence> to the merchant or person acting for him, but it does
1-17 not include a sale made pursuant to a preexisting revolving charge
1-18 account or retail charge agreement, or a sale made pursuant to
1-19 prior negotiations between the parties at a business establishment
1-20 at a fixed location where goods or services are offered or
1-21 exhibited for sale; or
1-22 (B) for the purchase of realty, payable in
1-23 installments or in cash where the consideration exceeds $100 in
2-1 which the merchant or person acting for him engages in a
2-2 solicitation of the sale to the consumer at a place other than the
2-3 merchant's place of business <the residence of the consumer> and
2-4 the consumer's agreement or offer to purchase is given at a place
2-5 other than the merchant's place of business <the residence of the
2-6 consumer>; but it does not include a sale of realty in which
2-7 transaction the purchaser is represented by a licensed attorney or
2-8 in which the transaction is being negotiated by a licensed real
2-9 estate broker or in which the transaction is being negotiated by
2-10 the person who owns the realty not at the residence of the
2-11 consumer.
2-12 (6) "Place of business" means the main or permanent
2-13 branch office or local address of a merchant.
2-14 SECTION 2. (a) The changes in law made by this Act apply
2-15 only to a criminal offense committed or a violation that occurs on
2-16 or after the effective date of this Act. For the purposes of this
2-17 Act, a criminal offense is committed or a violation occurs before
2-18 the effective date of this Act if any element of the offense or
2-19 violation occurs before that date.
2-20 (b) A criminal offense committed or violation that occurs
2-21 before the effective date of this Act is covered by the law in
2-22 effect when the criminal offense was committed or the violation
2-23 occurred, and the former law is continued in effect for this
2-24 purpose.
2-25 SECTION 3. EFFECTIVE DATE. This Act takes effect September
3-1 1, 1995.
3-2 SECTION 4. SEVERABILITY. If any section, sentence, clause,
3-3 or part of this Act shall, for any reason, be held invalid, such
3-4 invalidity shall not affect the remaining portions of the Act, and
3-5 it is hereby declared to be the intention of this legislature to
3-6 have passed each section, sentence, clause, or part irrespective of
3-7 the fact that any other section, sentence, clause, or part may be
3-8 declared invalid.
3-9 SECTION 5. EMERGENCY. The importance of this legislation
3-10 and the crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.