Tex. Bus. & Com. Code Section 302.053
Exemption: Persons Regulated by Other Law


This chapter does not apply to:

(1)

a person offering or selling a security that has been qualified for sale under Chapter 4003 (Securities), Government Code, or that is subject to an exemption under Chapter 4005 (Exemptions), Government Code;

(2)

a publicly traded corporation registered with the Securities and Exchange Commission or the State Securities Board, or a subsidiary or agent of the corporation;

(3)

a person who holds a license issued under the Insurance Code if the solicited transaction is governed by that code;

(4)

a supervised financial institution or a parent, a subsidiary, or an affiliate of a supervised financial institution;

(5)

a person whose business is regulated by the Public Utility Commission of Texas or an affiliate of that person, except that this chapter applies to such a person or affiliate only with respect to one or more automated dial announcing devices;

(6)

a person subject to the control or licensing regulations of the Federal Communications Commission;

(7)

a person selling a contractual plan regulated by the Federal Trade Commission trade regulation on use of negative option plans by sellers in commerce under 16 C.F.R. Part 425;

(8)

a person subject to filing requirements under Chapter 1803 (Solicitation for Public Safety Organizations), Occupations Code; or

(9)

a person who:

(A)

is soliciting a transaction regulated by the Commodity Futures Trading Commission; and

(B)

is registered or holds a temporary license for the activity described by Paragraph (A) with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Section 1 et seq.), if the registration or license has not expired or been suspended or revoked.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.03, eff. January 1, 2022.

Source: Section 302.053 — Exemption: Persons Regulated by Other Law, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­302.­htm#302.­053 (accessed Jun. 5, 2024).

302.001
Definitions
302.002
Making Telephone Solicitation
302.003
Liberal Construction and Application
302.004
Attempted Waiver Void
302.051
Burden of Proof
302.052
Exemptions Apply Only to Sellers
302.053
Exemption: Persons Regulated by Other Law
302.054
Exemption: Persons Selling Media Subscriptions, Certain Merchandise, or Items from Certain Catalogs
302.055
Exemption: Educational and Nonprofit Organizations
302.056
Exemption: Certain Commercial Sales
302.057
Exemption: Person Soliciting Food Sales
302.058
Exemption: Solicitation of Former or Current Customers
302.059
Exemption: Persons Who Make Certain Sales Presentations or Make Sales at Established Retail Locations
302.060
Exemption: Certain Persons Providing Telephone Solicitation Services Predominantly for Exempt Persons
302.061
Exemption: Persons Conducting Certain Isolated Telephone Solicitations
302.101
Registration Certificate Required
302.102
Filing of Registration Statement
302.103
Issuance of Registration Certificate
302.104
Effective Date of Registration Statement
302.105
Addenda Requirements
302.106
Filing Fee
302.107
Security Requirements
302.108
Appointment of Secretary of State as Agent for Service
302.151
Disclosure of Certain Names, Addresses, Telephone Numbers, and Organizational Information
302.152
Disclosure of Certain Convictions, Pleas, Judgments, Orders, Bankruptcies, and Reorganizations
302.153
Disclosure of Certain Sales Information
302.201
Information Required to Be Posted or Available at Seller’s Business Location
302.202
Disclosures Required Before Purchase
302.203
Reference to Compliance with Statute Prohibited
302.251
Violation of Certain Provisions
302.252
Acting as Salesperson for Unregistered Seller
302.253
Request for Credit Card Account Number or Checking Account Number After Offer of Free Item
302.301
Injunction
302.302
Civil Penalties
302.303
Deceptive Trade Practices
302.304
Action to Recover Against Security

Accessed:
Jun. 5, 2024

§ 302.053’s source at texas​.gov