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 * * * * *