| 1 | 1 | | 89R3227 SRA-F |
|---|
| 2 | 2 | | By: Bell of Kaufman H.B. No. 3466 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 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(b), Business & Commerce Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (b) Notwithstanding Subsection (a), this chapter does not |
|---|
| 14 | 14 | | apply to: |
|---|
| 15 | 15 | | (1) a purchase of farm equipment; |
|---|
| 16 | 16 | | (2) an insurance sale regulated by the Texas |
|---|
| 17 | 17 | | Department of Insurance; |
|---|
| 18 | 18 | | (3) a sale of goods or services made: |
|---|
| 19 | 19 | | (A) under a preexisting revolving charge account |
|---|
| 20 | 20 | | or retail charge agreement; or |
|---|
| 21 | 21 | | (B) after negotiations between the parties at a |
|---|
| 22 | 22 | | business establishment in a fixed location where goods or services |
|---|
| 23 | 23 | | are offered or exhibited for sale; [or] |
|---|
| 24 | 24 | | (4) a sale of real property if: |
|---|
| 25 | 25 | | (A) the purchaser is represented by a licensed |
|---|
| 26 | 26 | | attorney; |
|---|
| 27 | 27 | | (B) the transaction is negotiated by a licensed |
|---|
| 28 | 28 | | real estate broker; or |
|---|
| 29 | 29 | | (C) the transaction is negotiated at a place |
|---|
| 30 | 30 | | other than the consumer's residence by the person who owns the |
|---|
| 31 | 31 | | property; |
|---|
| 32 | 32 | | (5) a service contract regulated under Chapter 1304, |
|---|
| 33 | 33 | | Occupations Code, by the Texas Department of Licensing and |
|---|
| 34 | 34 | | Regulation; or |
|---|
| 35 | 35 | | (6) a sale of a service if: |
|---|
| 36 | 36 | | (A) the service is cancellable by the consumer at |
|---|
| 37 | 37 | | any time; and |
|---|
| 38 | 38 | | (B) the right to cancel the service is provided |
|---|
| 39 | 39 | | to the consumer in writing. |
|---|
| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 41 | 41 | | a consumer transaction that occurs on or after the effective date of |
|---|
| 42 | 42 | | this Act. A consumer transaction that occurs before the effective |
|---|
| 43 | 43 | | date of this Act is governed by the law in effect on the date the |
|---|
| 44 | 44 | | transaction occurred, and the former law is continued in effect for |
|---|
| 45 | 45 | | that purpose. |
|---|
| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|