Section 4005.023 - Options(a) In this section, "option" means and includes a put, call, straddle, or other option or privilege of buying from another person or selling to another person a specified number of securities at a specified price, without being obligated to do so, on or before a specified date. The term does not include an option or privilege that by its terms may terminate before the specified date on the occurrence of a specified event.(b) The exemption provided by Section 4005.001 applies to a sale of an option by or through a registered dealer if, at the time of the sale: (1) the performance of the terms of the option is guaranteed by a broker-dealer registered under the Securities Exchange Act of 1934 ( 15 U.S.C. Section 78a et seq.);(2) the guaranty and broker-dealer described by Subdivision (1) are in compliance with any requirements or rules adopted or approved by the board;(3) the option is not sold by or for the benefit of the issuer of the security that may be purchased or sold on exercise of the option;(4) the security that may be purchased or sold on exercise of the option is either: (A) exempted under Section 4005.054; or(B) quoted on the NASDAQ stock market and meets the requirements of Sections 4005.019(b)(1), (6), (7), and (8); and(5) the sale is not directly or indirectly for the purposes of providing or furthering a scheme to violate or evade this title. (V.A.C.S. Art. 581-5, Subsec. S.)Tex. Gov't. Code § 4005.023
Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 1.01, eff. 1/1/2022.