87R2366 JES-D     By: Turner of Tarrant H.B. No. 1916       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting certain telemarketing calls by a credit   access business.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 304.004, Business & Commerce Code, is   amended to read as follows:          Sec. 304.004.  INAPPLICABILITY OF CHAPTER TO CERTAIN CALLS.   This chapter does not apply to a call made:                (1)  by a consumer:                      (A)  as the result of a solicitation by a seller or   telemarketer; or                      (B)  in response to general media advertising by a   direct mail solicitation that clearly, conspicuously, and   truthfully makes 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:                            (i)  the publication date of the first Texas   no-call list in which the consumer's telephone number appears; or                            (ii)  the first anniversary of the date of   termination;                (3)  between a telemarketer and a business, other than   by a facsimile solicitation, unless the business has informed the   telemarketer that the business does not wish to receive a   telemarketing call from the telemarketer;                (4)  to collect a debt; or                (5)  by a state licensee, other than a credit access   business licensed under Subchapter G, Chapter 393, Finance Code,   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 occurs 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 a   telemarketing call from the telemarketer.          SECTION 2.  Subchapter G, Chapter 393, Finance Code, is   amended by adding Section 393.6245 to read as follows:          Sec. 393.6245.  TELEMARKETING. (a) Except as provided by   Subsection (b), a credit access business or a representative of a   credit access business may not make a telemarketing call, as   defined by Section 304.002, Business & Commerce Code, to a consumer   whose name and telephone number are on the Texas no-call list   maintained under Subchapter B, Chapter 304, Business & Commerce   Code.          (b)  A credit access business or a representative of the   business may make a telemarketing call to a consumer described by   Subsection (a) who:                (1)  is a party to a contract with the business if the   call is made during the term of the contract; or                (2)  was a party to a contract with the business if the   call is made before the first anniversary of the date on which the   contract was terminated, unless the consumer requests that the   business or representative stop calling the consumer.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.