Tex. Bus. & Com. Code § 38.059
§ 38.059. Promotions at Established Retail Sales Locations or at Consumer's Residence
This chapter does not apply to:
(1)
a person soliciting:
(A)
without intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation;
(B)
who does not make the major sales presentation during the
telephone solicitation but arranges for the major sales presentation
to be made at a later face-to-face meeting between the salesperson
and the purchaser; and
(C)
who does not cause an individual to go to the prospective
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 has been operating under the
same name as that used in connection with its telemarketing operations
a retail establishment where consumer goods are displayed and offered
for sale continuously if a majority of the person's business involves
the buyers obtaining services or products at the person's retail
establishment.
