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BUSINESS AND COMMERCE CODE
TITLE 4.  MISCELLANEOUS COMMERCIAL PROVISIONS
CHAPTER 38.  REGULATION OF TELEPHONE SOLICITATION
SUBCHAPTER B.  EXEMPTIONS
Tex. Bus. & Com. Code § 38.053
§ 38.053. Persons or Items Regulated by Other Law

This chapter does not apply to:

(1) a person offering or selling a security that has been qualified for sale under Section 7, The Securities Act (Article 581-7, Vernon's Texas Civil Statutes), or that is subject to an exemption under Section 5 or 6 of that Act;

(2) a publicly traded corporation registered with the Securities and Exchange Commission or the State Securities Board, or a subsidiary or agent of the corporation;

(3) a person licensed under the Insurance Code if the solicited transaction is governed by the Insurance Code;

(4) a supervised financial institution or parent, subsidiary, or affiliate of a supervised financial institution;

(5) a person or affiliate of a person whose business is regulated by the Public Utility Commission of Texas, except that this chapter applies to a person or affiliate of a person who is regulated by the Public Utility Commission of Texas only with respect to one or more automated dial announcing devices;

(6) a person subject to the control or licensing regulations of the Federal Communications Commission;

(7) a person selling a contractual plan regulated by the Federal Trade Commission trade regulation on use of negative option plans by sellers in commerce under 16 C.F.R. Part 425;

(8) a person subject to the filing requirements of Chapter 1803, Occupations Code; or

(9) a person soliciting a transaction regulated by the Commodity Futures Trading Commission if the person is registered or temporarily licensed for that activity with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Section 1 et seq.) and the registration or license has not expired or been suspended or revoked.

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