Tex. Bus. & Com. Code § 37.02
§ 37.02. Solicitor Identity; Permissible Hours; Disconnect
(a)
A telephone solicitor may not make a consumer telephone call to a consumer unless:
(1)
the telephone solicitor identifies himself or herself by name and
identifies the business on whose behalf the telephone solicitor is
calling and the purpose of the call immediately after making contact
with the consumer to whom the call is made;
(2)
the telephone solicitor makes the call after 12 noon or before 9
p.m. on a Sunday or after 9 a.m. and before 9 p.m. on a weekday or a
Saturday; and
(3)
for those calls in which an automated dial announcing device is
used, the device must disconnect the consumer's telephone line within
the period provided by Section 55.126, Utilities Code, after
termination of the call by either the telephone solicitor or the
consumer.
(b)
A consumer telephone call is not subject to the provisions of Subsection (a) of this section if the
call is made:
(1)
in response to the express request of the consumer;
(2)
primarily in connection with an existing debt or contract for which
payment or performance has not been completed at the time of the call;
or
(3)
to a consumer with whom the telephone solicitor has a prior or
existing business relationship.
