Texas Business and Commerce Code 301.001 – Definitions
Terms Used In Texas Business and Commerce Code 301.001
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
In this chapter:
(1) “Automated dial announcing device” means automated equipment used for telephone solicitation or collection that can:
(A) store telephone numbers to be called or produce numbers to be called through use of a random or sequential number generator; and
(B) convey, alone or in conjunction with other equipment, a prerecorded or synthesized voice message to the number called without the use of a live operator.
(2) “Consumer” means a person who is solicited to purchase, lease, or receive a consumer good or service.
(3) “Consumer good or service” means:
(A) real property or tangible or intangible personal property that is normally used for personal, family, or household purposes, including:
(i) personal property intended to be attached to or installed in any real property;
(ii) a cemetery lot; and
(iii) a time-share estate; or
(B) a service related to real or personal property.
(4) “Consumer telephone call” means an unsolicited call made to a residential telephone number by a telephone solicitor to:
(A) solicit a sale of a consumer good or service;
(B) solicit an extension of credit for a consumer good or service; or
(C) obtain information that will or may be used to directly solicit a sale of a consumer good or service or to extend credit for the sale.
(5) “Telephone solicitor” means a person who makes or causes to be made a consumer telephone call, including a call made by an automated dial announcing device.