1 | 1 | | 89R3227 SRA-F |
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2 | 2 | | By: Middleton S.B. No. 1007 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the cancellation of certain consumer transactions. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 601.002(b), Business & Commerce Code, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | (b) Notwithstanding Subsection (a), this chapter does not |
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14 | 14 | | apply to: |
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15 | 15 | | (1) a purchase of farm equipment; |
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16 | 16 | | (2) an insurance sale regulated by the Texas |
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17 | 17 | | Department of Insurance; |
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18 | 18 | | (3) a sale of goods or services made: |
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19 | 19 | | (A) under a preexisting revolving charge account |
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20 | 20 | | or retail charge agreement; or |
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21 | 21 | | (B) after negotiations between the parties at a |
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22 | 22 | | business establishment in a fixed location where goods or services |
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23 | 23 | | are offered or exhibited for sale; [or] |
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24 | 24 | | (4) a sale of real property if: |
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25 | 25 | | (A) the purchaser is represented by a licensed |
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26 | 26 | | attorney; |
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27 | 27 | | (B) the transaction is negotiated by a licensed |
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28 | 28 | | real estate broker; or |
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29 | 29 | | (C) the transaction is negotiated at a place |
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30 | 30 | | other than the consumer's residence by the person who owns the |
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31 | 31 | | property; |
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32 | 32 | | (5) a service contract regulated under Chapter 1304, |
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33 | 33 | | Occupations Code, by the Texas Department of Licensing and |
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34 | 34 | | Regulation; or |
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35 | 35 | | (6) a sale of a service if: |
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36 | 36 | | (A) the service is cancellable by the consumer at |
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37 | 37 | | any time; and |
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38 | 38 | | (B) the right to cancel the service is provided |
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39 | 39 | | to the consumer in writing. |
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40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
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41 | 41 | | a consumer transaction that occurs on or after the effective date of |
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42 | 42 | | this Act. A consumer transaction that occurs before the effective |
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43 | 43 | | date of this Act is governed by the law in effect on the date the |
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44 | 44 | | transaction occurred, and the former law is continued in effect for |
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45 | 45 | | that purpose. |
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46 | 46 | | SECTION 3. This Act takes effect September 1, 2025. |
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