Tex. Bus. & Com. Code Section 302.059
Exemption: Persons Who Make Certain Sales Presentations or Make Sales at Established Retail Locations

This chapter does not apply to:

(1)

a person conducting a telephone solicitation who:

(A)

does not intend to complete or obtain provisional acceptance of a sale during the telephone solicitation;

(B)

does not make a major sales presentation during the telephone solicitation but arranges for a major sales presentation to be made face-to-face at a later meeting between the salesperson and the purchaser; and

(C)

does not cause an individual to go to the purchaser to collect payment for the purchase or to deliver an item purchased directly following the telephone solicitation; or

(2)

a person who for at least two years, under the same name as that used in connection with the person’s telemarketing operations, has operated a retail establishment where consumer goods are displayed and offered for sale continuously, if a majority of the person’s business involves buyers obtaining services or products at the retail establishment.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 302.059 — Exemption: Persons Who Make Certain Sales Presentations or Make Sales at Established Retail Locations, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­302.­htm#302.­059 (accessed May 25, 2024).

302.001
Definitions 302.002
Making Telephone Solicitation 302.003
Liberal Construction and Application 302.004
Attempted Waiver Void 302.051
Burden of Proof 302.052
Exemptions Apply Only to Sellers 302.053
Exemption: Persons Regulated by Other Law 302.054
Exemption: Persons Selling Media Subscriptions, Certain Merchandise, or Items from Certain Catalogs 302.055
Exemption: Educational and Nonprofit Organizations 302.056
Exemption: Certain Commercial Sales 302.057
Exemption: Person Soliciting Food Sales 302.058
Exemption: Solicitation of Former or Current Customers 302.059
Exemption: Persons Who Make Certain Sales Presentations or Make Sales at Established Retail Locations 302.060
Exemption: Certain Persons Providing Telephone Solicitation Services Predominantly for Exempt Persons 302.061
Exemption: Persons Conducting Certain Isolated Telephone Solicitations 302.101
Registration Certificate Required 302.102
Filing of Registration Statement 302.103
Issuance of Registration Certificate 302.104
Effective Date of Registration Statement 302.105
Addenda Requirements 302.106
Filing Fee 302.107
Security Requirements 302.108
Appointment of Secretary of State as Agent for Service 302.151
Disclosure of Certain Names, Addresses, Telephone Numbers, and Organizational Information 302.152
Disclosure of Certain Convictions, Pleas, Judgments, Orders, Bankruptcies, and Reorganizations 302.153
Disclosure of Certain Sales Information 302.201
Information Required to Be Posted or Available at Seller’s Business Location 302.202
Disclosures Required Before Purchase 302.203
Reference to Compliance with Statute Prohibited 302.251
Violation of Certain Provisions 302.252
Acting as Salesperson for Unregistered Seller 302.253
Request for Credit Card Account Number or Checking Account Number After Offer of Free Item 302.301
Injunction 302.302
Civil Penalties 302.303
Deceptive Trade Practices 302.304
Action to Recover Against Security
Green check means up to date. Up to date

Accessed:
May 25, 2024

§ 302.059’s source at texas​.gov