Texas 2023 - 88th Regular

Texas House Bill HB3102 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R23671 SHH-F
2	2	By: Lambert H.B. No. 3102
3	3	Substitute the following for H.B. No. 3102:
4	4	By: Vasut C.S.H.B. No. 3102
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the cancellation of certain consumer transactions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 601.002, Business & Commerce Code, is
12	12	amended to read as follows:
13	13	Sec. 601.002. APPLICABILITY OF CHAPTER; EXCEPTION. (a)
14	14	This chapter applies only to a consumer transaction in which:
15	15	(1) the merchant or the merchant's agent is not
16	16	regulated by the Texas Department of Insurance or the Texas
17	17	Department of Licensing and Regulation and engages in a personal
18	18	solicitation of a sale to the consumer at a place other than the
19	19	merchant's place of business if:
20	20	(A) the consumer is not a customer of the
21	21	merchant, or of an affiliate of the merchant, at the time of the
22	22	solicitation; or
23	23	(B) the consumer has not previously placed an
24	24	order for goods or services with the merchant, an affiliate of the
25	25	merchant, or the merchant's agent;
26	26	(2) the consumer's agreement or offer to purchase is
27	27	given to the merchant or the merchant's agent at a place other than
28	28	the merchant's place of business if the merchant is not regulated by
29	29	the Texas Department of Insurance or the Texas Department of
30	30	Licensing and Regulation, and:
31	31	(A) the consumer is not a customer of the
32	32	merchant, or of an affiliate of the merchant, at the time of the
33	33	solicitation described by Subdivision (1); or
34	34	(B) the consumer has not previously placed an
35	35	order for goods or services with the merchant, an affiliate of the
36	36	merchant, or the merchant's agent; and
37	37	(3) the agreement or offer is for:
38	38	(A) the purchase of goods or services for
39	39	consideration that exceeds $25, payable in installments or in cash;
40	40	or
41	41	(B) the purchase of real property for
42	42	consideration that exceeds $100, payable in installments or in
43	43	cash.
44	44	(b) Notwithstanding Subsection (a), this chapter does not
45	45	apply to:
46	46	(1) a purchase of farm equipment;
47	47	(2) an insurance sale regulated by the Texas
48	48	Department of Insurance;
49	49	(3) a sale of goods or services made:
50	50	(A) under a preexisting revolving charge account
51	51	or retail charge agreement; [or]
52	52	(B) after negotiations between the parties at a
53	53	business establishment in a fixed location where goods or services
54	54	are offered or exhibited for sale; or
55	55	(C) entirely by mail, Internet, or telephone and
56	56	without any other contact between the buyer and the seller or the
57	57	seller's representative before delivery of the goods or performance
58	58	of the services; or
59	59	(4) a sale of real property if:
60	60	(A) the purchaser is represented by a licensed
61	61	attorney;
62	62	(B) the transaction is negotiated by a licensed
63	63	real estate broker; or
64	64	(C) the transaction is negotiated at a place
65	65	other than the consumer's residence by the person who owns the
66	66	property.
67	67	SECTION 2. The changes in law made by this Act apply only to
68	68	a consumer transaction that occurs on or after the effective date of
69	69	this Act. A consumer transaction that occurs before the effective
70	70	date of this Act is governed by the law in effect on the date the
71	71	transaction occurred, and the former law is continued in effect for
72	72	that purpose.
73	73	SECTION 3. This Act takes effect September 1, 2023.