Tex. Bus. & Com. Code Section 302.059
Exemption: Persons Who Make Certain Sales Presentations or Make Sales at Established Retail Locations


This chapter does not apply to:

(1)

a person conducting a telephone solicitation who:

(A)

does not intend to complete or obtain provisional acceptance of a sale during the telephone solicitation;

(B)

does not make a major sales presentation during the telephone solicitation but arranges for a major sales presentation to be made face-to-face at a later meeting between the salesperson and the purchaser; and

(C)

does not cause an individual to go to the purchaser to collect payment for the purchase or to deliver an item purchased directly following the telephone solicitation; or

(2)

a person who for at least two years, under the same name as that used in connection with the person’s telemarketing operations, has operated a retail establishment where consumer goods are displayed and offered for sale continuously, if a majority of the person’s business involves buyers obtaining services or products at the retail establishment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 302.059 — Exemption: Persons Who Make Certain Sales Presentations or Make Sales at Established Retail Locations, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­302.­htm#302.­059 (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

§ 302.059’s source at texas​.gov