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.