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.