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.Tex. Bus. and Comm. Code § 302.059
Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. 4/1/2009.