88R23671 SHH-F
 
  By: Lambert H.B. No. 3102
 
  Substitute the following for H.B. No. 3102:
 
  By:  Vasut C.S.H.B. No. 3102
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the cancellation of certain consumer transactions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 601.002, Business & Commerce Code, is
  amended to read as follows:
         Sec. 601.002.  APPLICABILITY OF CHAPTER; EXCEPTION. (a)
  This chapter applies only to a consumer transaction in which:
               (1)  the merchant or the merchant's agent is not
  regulated by the Texas Department of Insurance or the Texas
  Department of Licensing and Regulation and engages in a personal
  solicitation of a sale to the consumer at a place other than the
  merchant's place of business if:
                     (A)  the consumer is not a customer of the
  merchant, or of an affiliate of the merchant, at the time of the
  solicitation; or
                     (B)  the consumer has not previously placed an
  order for goods or services with the merchant, an affiliate of the
  merchant, or the merchant's agent;
               (2)  the consumer's agreement or offer to purchase is
  given to the merchant or the merchant's agent at a place other than
  the merchant's place of business if the merchant is not regulated by
  the Texas Department of Insurance or the Texas Department of
  Licensing and Regulation, and:
                     (A)  the consumer is not a customer of the
  merchant, or of an affiliate of the merchant, at the time of the
  solicitation described by Subdivision (1); or
                     (B)  the consumer has not previously placed an
  order for goods or services with the merchant, an affiliate of the
  merchant, or the merchant's agent; and
               (3)  the agreement or offer is for:
                     (A)  the purchase of goods or services for
  consideration that exceeds $25, payable in installments or in cash;
  or
                     (B)  the purchase of real property for
  consideration that exceeds $100, payable in installments or in
  cash.
         (b)  Notwithstanding Subsection (a), this chapter does not
  apply to:
               (1)  a purchase of farm equipment;
               (2)  an insurance sale regulated by the Texas
  Department of Insurance;
               (3)  a sale of goods or services made:
                     (A)  under a preexisting revolving charge account
  or retail charge agreement; [or]
                     (B)  after negotiations between the parties at a
  business establishment in a fixed location where goods or services
  are offered or exhibited for sale; or
                     (C)  entirely by mail, Internet, or telephone and
  without any other contact between the buyer and the seller or the
  seller's representative before delivery of the goods or performance
  of the services; or
               (4)  a sale of real property if:
                     (A)  the purchaser is represented by a licensed
  attorney;
                     (B)  the transaction is negotiated by a licensed
  real estate broker; or
                     (C)  the transaction is negotiated at a place
  other than the consumer's residence by the person who owns the
  property.
         SECTION 2.  The changes in law made by this Act apply only to
  a consumer transaction that occurs on or after the effective date of
  this Act.  A consumer transaction that occurs before the effective
  date of this Act is governed by the law in effect on the date the
  transaction occurred, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.