Sec. 302.051. BURDEN OF PROOF. (a) In a civil proceeding in which a violation of this chapter is alleged, a person who claims an exemption from the application of this chapter has the burden of proving the exemption.
(b) In a criminal proceeding in which a violation of this chapter is alleged, a person who claims an exemption from the application of this chapter as a defense to prosecution has the burden of producing evidence to support the defense.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 10 - Use of Telecommunications
Chapter 302 - Regulation of Telephone Solicitation
Section 302.051. Burden of Proof
Section 302.052. Exemptions Apply Only to Sellers; Exception
Section 302.053. Exemption: Persons Regulated by Other Law
Section 302.055. Exemption: Educational and Nonprofit Organizations
Section 302.056. Exemption: Certain Commercial Sales
Section 302.057. Exemption: Person Soliciting Food Sales
Section 302.058. Exemption: Solicitation of Former or Current Customers
Section 302.061. Exemption: Persons Conducting Certain Isolated Telephone Solicitations