Tex. Bus. & Com. Code § 44.003
§ 44.003. Telemarketing Calls Governed by Chapter
(a)
For the purposes of this chapter, a telemarketing call is an unsolicited telephone call made to:
(1)
solicit a sale of a consumer good or service;
(2)
solicit an extension of credit for a consumer good or service; or
(3)
obtain information that may be used to solicit a sale of a consumer good or service or to extend credit
for the sale.
(b)
This chapter does not apply to a call made:
(1)
by a consumer that is the result of a solicitation by a seller or telemarketer or in response to
general media advertising by direct mail solicitations that clearly, conspicuously, and truthfully make all
disclosures required by federal or state law;
(2)
in connection with:
(A)
an established business relationship; or
(B)
a business relationship that has been terminated, if the call is
made before the later of the date the first Texas no-call list in
which the consumer's telephone number appears is published or one
year after the date of termination;
(3)
between a telemarketer and a business, other than by a facsimile solicitation, unless the business
informed the telemarketer that the business does not wish to receive telemarketing calls from the
telemarketer;
(4)
to collect a debt; or
(5)
by a state licensee if:
(A)
the call is not made by an automated telephone dialing system;
(B)
the solicited transaction is not completed until a face-to-face
sales presentation by the seller and the consumer is not required to
pay or authorize payment until after the presentation; and
(C)
the consumer has not informed the telemarketer that the consumer
does not wish to receive telemarketing calls from the telemarketer.
