Texas 2021 - 87th Regular

Texas House Bill HB1916 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R2366 JES-D
2		-	By: Turner of Tarrant, Pacheco, Anchia, H.B. No. 1916
3		-	et al.
	2	+	By: Turner of Tarrant, Pacheco H.B. No. 1916
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to prohibiting certain telemarketing calls by a credit
9	8		access business.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Section 304.004, Business & Commerce Code, is
12	11		amended to read as follows:
13	12		Sec. 304.004. INAPPLICABILITY OF CHAPTER TO CERTAIN CALLS.
14	13		This chapter does not apply to a call made:
15	14		(1) by a consumer:
16	15		(A) as the result of a solicitation by a seller or
17	16		telemarketer; or
18	17		(B) in response to general media advertising by a
19	18		direct mail solicitation that clearly, conspicuously, and
20	19		truthfully makes all disclosures required by federal or state law;
21	20		(2) in connection with:
22	21		(A) an established business relationship; or
23	22		(B) a business relationship that has been
24	23		terminated, if the call is made before the later of:
25	24		(i) the publication date of the first Texas
26	25		no-call list in which the consumer's telephone number appears; or
27	26		(ii) the first anniversary of the date of
28	27		termination;
29	28		(3) between a telemarketer and a business, other than
30	29		by a facsimile solicitation, unless the business has informed the
31	30		telemarketer that the business does not wish to receive a
32	31		telemarketing call from the telemarketer;
33	32		(4) to collect a debt; or
34	33		(5) by a state licensee, other than a credit access
35	34		business licensed under Subchapter G, Chapter 393, Finance Code,
36	35		if:
37	36		(A) the call is not made by an automated
38	37		telephone dialing system;
39	38		(B) the solicited transaction is not completed
40	39		until a face-to-face sales presentation by the seller occurs and
41	40		the consumer is not required to pay or authorize payment until after
42	41		the presentation; and
43	42		(C) the consumer has not informed the
44	43		telemarketer that the consumer does not wish to receive a
45	44		telemarketing call from the telemarketer.
46	45		SECTION 2. Subchapter G, Chapter 393, Finance Code, is
47	46		amended by adding Section 393.6245 to read as follows:
48	47		Sec. 393.6245. TELEMARKETING. (a) Except as provided by
49	48		Subsection (b), a credit access business or a representative of a
50	49		credit access business may not make a telemarketing call, as
51	50		defined by Section 304.002, Business & Commerce Code, to a consumer
52	51		whose name and telephone number are on the Texas no-call list
53	52		maintained under Subchapter B, Chapter 304, Business & Commerce
54	53		Code.
55	54		(b) A credit access business or a representative of the
56	55		business may make a telemarketing call to a consumer described by
57	56		Subsection (a) who:
58	57		(1) is a party to a contract with the business if the
59	58		call is made during the term of the contract; or
60	59		(2) was a party to a contract with the business if the
61	60		call is made before the first anniversary of the date on which the
62	61		contract was terminated, unless the consumer requests that the
63	62		business or representative stop calling the consumer.
64	63		SECTION 3. This Act takes effect immediately if it receives
65	64		a vote of two-thirds of all the members elected to each house, as
66	65		provided by Section 39, Article III, Texas Constitution. If this
67	66		Act does not receive the vote necessary for immediate effect, this
68	67		Act takes effect September 1, 2021.