1-1 By: Armbrister S.B. No. 827
1-2 (In the Senate - Filed February 28, 1995; March 1, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 20, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 20, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 827 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a consumer transaction solicited at a place other than
1-11 the merchant's place of business.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 1, Chapter 246, Acts of the 63rd
1-14 Legislature, Regular Session, 1973 (Article 5069-13.01, Vernon's
1-15 Texas Civil Statutes), is amended by amending Subdivision (5) and
1-16 by adding Subdivision (6) to read as follows:
1-17 (5) "Home solicitation transaction" means a consumer
1-18 transaction:
1-19 (A) for the purchase of goods, other than farm
1-20 equipment, and insurance sales regulated by the State Board of
1-21 Insurance, or services, payable in installments or in cash where
1-22 the consideration exceeds $25, in which the merchant or person
1-23 acting for him engages in a personal solicitation of the sale to
1-24 the consumer at a place other than the merchant's place of business
1-25 <residence> and the consumer's agreement or offer to purchase is
1-26 given at a place other than the merchant's place of business <the
1-27 residence> to the merchant or person acting for him, but it does
1-28 not include a sale made pursuant to a preexisting revolving charge
1-29 account or retail charge agreement, or a sale made pursuant to
1-30 prior negotiations between the parties at a business establishment
1-31 at a fixed location where goods or services are offered or
1-32 exhibited for sale; or
1-33 (B) for the purchase of realty, payable in
1-34 installments or in cash where the consideration exceeds $100 in
1-35 which the merchant or person acting for him engages in a
1-36 solicitation of the sale to the consumer at a place other than the
1-37 merchant's place of business <the residence of the consumer> and
1-38 the consumer's agreement or offer to purchase is given at a place
1-39 other than the merchant's place of business <the residence of the
1-40 consumer>; but it does not include a sale of realty in which
1-41 transaction the purchaser is represented by a licensed attorney or
1-42 in which the transaction is being negotiated by a licensed real
1-43 estate broker or in which the transaction is being negotiated by
1-44 the person who owns the realty not at the residence of the
1-45 consumer.
1-46 (6) "Place of business" means the main office,
1-47 permanent branch office, or local address of a merchant. For a
1-48 state or national bank or state or federal savings and loan
1-49 association, the term includes an approved branch and a registered
1-50 loan production office.
1-51 SECTION 2. The changes in law made by this Act apply only to
1-52 a solicitation that occurs on or after the effective date of this
1-53 Act. A solicitation that occurs before the effective date of this
1-54 Act is covered by the law in effect when the solicitation occurred,
1-55 and the former law is continued in effect for that purpose.
1-56 SECTION 3. This Act takes effect September 1, 1995.
1-57 SECTION 4. The importance of this legislation and the
1-58 crowded condition of the calendars in both houses create an
1-59 emergency and an imperative public necessity that the
1-60 constitutional rule requiring bills to be read on three several
1-61 days in each house be suspended, and this rule is hereby suspended.
1-62 * * * * *