Sec. 4005.023.  OPTIONS.  (a)  In this section, "option" means and includes a put, call, straddle, or other option or privilege of buying from another person or selling to another person a specified number of securities at a specified price, without being obligated to do so, on or before a specified date. The term does not include an option or privilege that by its terms may terminate before the specified date on the occurrence of a specified event.
(b)  The exemption provided by Section 4005.001 applies to a sale of an option by or through a registered dealer if, at the time of the sale:
(1)  the performance of the terms of the option is guaranteed by a broker-dealer registered under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.);
(2)  the guaranty and broker-dealer described by Subdivision (1) are in compliance with any requirements or rules adopted or approved by the board;
(3)  the option is not sold by or for the benefit of the issuer of the security that may be purchased or sold on exercise of the option;
(4)  the security that may be purchased or sold on exercise of the option is either:
(A)  exempted under Section 4005.054; or
(B)  quoted on the NASDAQ stock market and meets the requirements of Sections 4005.019(b)(1), (6), (7), and (8); and
(5)  the sale is not directly or indirectly for the purposes of providing or furthering a scheme to violate or evade this title.
Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.