Tex. Bus. & Com. Code Section 302.304
Action to Recover Against Security

(a)

A person injured by a seller’s bankruptcy or by a seller’s breach of an agreement entered into during a telephone solicitation may bring an action to recover against the security required under Section 302.107 (Security Requirements).

(b)

The liability of the surety on a bond provided under Section 302.107 (Security Requirements) may not exceed the amount of the bond, regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the secretary of state for distribution to claimants entitled to recovery, and the surety is then relieved of all liability under the bond.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 302.304 — Action to Recover Against Security, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­302.­htm#302.­304 (accessed May 18, 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
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Accessed:
May 18, 2024

§ 302.304’s source at texas​.gov