Tex. Bus. & Com. Code § 44.002
§ 44.002. Definitions
In this chapter:
(1)
"Caller identification service" means a service or device designed
to provide the user of the service or device with the telephone number of an incoming telephone call.
(2)
"Commission" means the Public Utility Commission of Texas.
(3)
"Consumer good or service" means property of any kind that is normally used for personal, family, or
household purposes. The term does not include a security, as defined by Section 4, The Securities Act (Article
581-4, Vernon's Texas Civil Statutes).
(4)
"Established business relationship" means a prior or existing relationship of a person formed by a
voluntary two-way communication between a person and a consumer regardless of whether consideration is
exchanged, regarding consumer goods or services offered by the person, that has not been terminated by either
party.
(5)
"Facsimile recording device" means any device capable of receiving a facsimile transmission.
(6)
"Facsimile solicitation" means a telemarketing call made by a transmission to a facsimile recording
device.
(7)
"Telemarketer" means a person who makes or causes to be made a telemarketing call.
(8)
"State licensee" means a person licensed by a state agency under a law of this state that requires the
person to obtain a license as a condition of engaging in a profession or business.
(9)
"Telephone call" means a call or other transmission which is made to or received at a telephone number,
including:
(A)
a call made by an automated telephone dialing system;
(B)
a transmission to a facsimile recording device; and
(C)
a call or other transmission, including a transmission of a text or graphic message or of an image,
to a mobile telephone number serviced by a provider of commercial mobile service, as defined by Section
332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as amended, Federal Communications
Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as amended, except
that the term does not include a transmission made to a mobile telephone number as part of an ad-based
telephone service, in connection with which the telephone service customer has agreed with the service
provider to receive the transmission.
