Sec. 302.053. EXEMPTION: PERSONS REGULATED BY OTHER LAW. This chapter does not apply to: (1) a person offering or selling a security that has been qualified for sale under Chapter 4003 , Government Code, or that is subject to an exemption under Chapter 4005 , Government Code; (2) a publicly traded corporation registered with the Securities and Exchange Commission or the State Securities Board, or a subsidiary or agent of the corporation; (3) a person who holds a license issued under the Insurance Code if the solicited transaction is governed by that code; (4) a supervised financial institution or a parent, a subsidiary, or an affiliate of a supervised financial institution; (5) a person whose business is regulated by the Public Utility Commission of Texas or an affiliate of that person, except that this chapter applies to such a person or affiliate only with respect to one or more automated dial announcing devices; (6) a person subject to the control or licensing regulations of the Federal Communications Commission; (7) a person selling a contractual plan regulated by the Federal Trade Commission trade regulation on use of negative option plans by sellers in commerce under 16 C.F.R. Part 425; (8) a person subject to filing requirements under Chapter 1803 , Occupations Code; or (9) a person who: (A) is soliciting a transaction regulated by the Commodity Futures Trading Commission; and (B) is registered or holds a temporary license for the activity described by Paragraph (A) with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Section 1 et seq.), if the registration or license has not expired or been suspended or revoked.
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