1-1     By:  Sibley                                            S.B. No. 560
 1-2           (In the Senate - Filed February 6, 2001; February 7, 2001,
 1-3     read first time and referred to Committee on Business and Commerce;
 1-4     April 23, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; April 23, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the regulation of certain consumer transactions
 1-9     involving real property.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 39.002, Business & Commerce Code, is
1-12     amended to read as follows:
1-13           Sec. 39.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter
1-14     applies only to a consumer transaction in which the merchant or the
1-15     merchant's agent engages in a personal solicitation of a sale to
1-16     the consumer at a place other than the merchant's place of
1-17     business, and the consumer's agreement or offer to purchase is
1-18     given to the merchant or the merchant's agent at a place other than
1-19     the merchant's place of business:
1-20                 (1)  for the purchase of goods or services for
1-21     consideration that exceeds $25 payable in installments or in cash;
1-22     or
1-23                 (2)  for the purchase of real property for
1-24     consideration that exceeds $100 payable in installments or in cash.
1-25           (b)  Notwithstanding Subsection (a), this chapter does not
1-26     apply to:
1-27                 (1)  a purchase of farm equipment;
1-28                 (2)  an insurance sale regulated by the Texas
1-29     Department of Insurance;
1-30                 (3)  a residential service contract sale regulated by
1-31     the Texas Real Estate Commission;
1-32                 (4)  a sale of goods or services made:
1-33                       (A)  under a preexisting revolving charge account
1-34     or retail charge agreement; or
1-35                       (B)  after negotiations between the parties at a
1-36     business establishment at a fixed location where goods or services
1-37     are offered or exhibited for sale; or
1-38                 (5) [(4)]  a sale of real property if:
1-39                       (A)  the purchaser is represented by a licensed
1-40     attorney;
1-41                       (B)  the transaction is negotiated by a licensed
1-42     real estate broker; or
1-43                       (C)  the transaction is negotiated at a place
1-44     other than the consumer's residence by the person who owns the
1-45     property.
1-46           SECTION 2.  This Act takes effect September 1, 2001.
1-47                                  * * * * *