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.