1. (a) "Agent" does not include an individual who sells a primary service, such as: cellular telephone service, which has automobile club services offered as an optional feature available to such service purchasers, provided:

   1. (1) the automobile club services are furnished by an automobile club that has obtained an automobile club certificate of authority from the Office of the Secretary of State;
   2. (2) the individual selling the primary service does not receive compensation, either directly or indirectly, for the sale of the automobile club services feature; and
   3. (3) the individual selling the primary service may not alter the terms or conditions of the automobile club feature.
2. (b) In this section, "optional feature" means a feature that is not required to be purchased in order to receive the primary service, and the consideration paid for the primary service is not affected by the purchase of the feature. (There may be a separate additional charge for the feature.)

Source Note:The provisions of this §75.10 adopted to be effective January 23, 2002, 27 TexReg 478.