Bill Text: TX HB447 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to prohibiting certain telemarketing calls by a credit access business.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-05 - Left pending in committee [HB447 Detail]
Download: Texas-2019-HB447-Introduced.html
| 86R3541 JES-D | ||
| By: Turner of Tarrant | H.B. No. 447 | |
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| relating to prohibiting certain telemarketing calls by a credit | ||
| access business. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 304.004, Business & Commerce Code, is | ||
| amended to read as follows: | ||
| Sec. 304.004. INAPPLICABILITY OF CHAPTER TO CERTAIN CALLS. | ||
| This chapter does not apply to a call made: | ||
| (1) by a consumer: | ||
| (A) as the result of a solicitation by a seller or | ||
| telemarketer; or | ||
| (B) in response to general media advertising by a | ||
| direct mail solicitation that clearly, conspicuously, and | ||
| truthfully makes all disclosures required by federal or state law; | ||
| (2) in connection with: | ||
| (A) an established business relationship; or | ||
| (B) a business relationship that has been | ||
| terminated, if the call is made before the later of: | ||
| (i) the publication date of the first Texas | ||
| no-call list in which the consumer's telephone number appears; or | ||
| (ii) the first anniversary of the date of | ||
| termination; | ||
| (3) between a telemarketer and a business, other than | ||
| by a facsimile solicitation, unless the business has informed the | ||
| telemarketer that the business does not wish to receive a | ||
| telemarketing call from the telemarketer; | ||
| (4) to collect a debt; or | ||
| (5) by a state licensee, other than a credit access | ||
| business licensed under Subchapter G, Chapter 393, Finance Code, | ||
| if: | ||
| (A) the call is not made by an automated | ||
| telephone dialing system; | ||
| (B) the solicited transaction is not completed | ||
| until a face-to-face sales presentation by the seller occurs and | ||
| the consumer is not required to pay or authorize payment until after | ||
| the presentation; and | ||
| (C) the consumer has not informed the | ||
| telemarketer that the consumer does not wish to receive a | ||
| telemarketing call from the telemarketer. | ||
| SECTION 2. Subchapter G, Chapter 393, Finance Code, is | ||
| amended by adding Section 393.6245 to read as follows: | ||
| Sec. 393.6245. TELEMARKETING. (a) Except as provided by | ||
| Subsection (b), a credit access business or a representative of a | ||
| credit access business may not make a telemarketing call, as | ||
| defined by Section 304.002, Business & Commerce Code, to a consumer | ||
| whose name and telephone number are on the Texas no-call list | ||
| maintained under Subchapter B, Chapter 304, Business & Commerce | ||
| Code. | ||
| (b) A credit access business or a representative of the | ||
| business may make a telemarketing call to a consumer described by | ||
| Subsection (a) who: | ||
| (1) is a party to a contract with the business if the | ||
| call is made during the term of the contract; or | ||
| (2) was a party to a contract with the business if the | ||
| call is made before the first anniversary of the date on which the | ||
| contract was terminated, unless the consumer requests that the | ||
| business or representative stop calling the consumer. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
