S.B. No. 73
AN ACT
1-1 relating to the authority of a telecommunications utility to offer
1-2 caller identification service.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article XIII, Public Utility Regulatory Act
1-5 (Article 1446c, Vernon's Texas Civil Statutes), is amended by
1-6 adding Section 87C to read as follows:
1-7 Sec. 87C. (a) This section applies only to the provision of
1-8 caller identification service.
1-9 (b) A person may not offer a caller identification service
1-10 unless the person obtains written authorization from the
1-11 commission.
1-12 (c) The commission shall require that a provider of caller
1-13 identification service offer per-call blocking at no charge to each
1-14 telephone subscriber in the specific area in which the service is
1-15 offered.
1-16 (d) The commission shall require that a provider offer
1-17 per-line blocking at no charge to a particular customer if the
1-18 commission receives from the customer written certification that
1-19 the customer has a compelling need for per-line blocking. If a
1-20 customer later removes the per-line block, the provider may assess
1-21 a service order charge relating to administrative costs in an
1-22 amount approved by the commission to reinstate the per-line block.
1-23 The commission may prescribe and assess fees and assessments from
1-24 providers of caller identification service in an amount sufficient
2-1 to cover the additional expenses incurred by the commission in
2-2 implementing the customer certification provisions of this
2-3 subsection. Reports, records, and information received under this
2-4 subsection by the commission or by a provider of caller
2-5 identification service are confidential and may be used only for
2-6 the purposes of administering this subsection.
2-7 (e) The commission may only prescribe in relation to
2-8 blocking the requirements prescribed by Subsections (c) and (d) of
2-9 this section.
2-10 (f) A person may not use a caller identification service to
2-11 compile and sell specific local call information without the
2-12 affirmative consent and approval of the originating telephone
2-13 customer. This subsection does not prohibit the provider from:
2-14 (1) verifying network performance or from testing the
2-15 provision of caller identification service;
2-16 (2) compiling, using, and disclosing aggregate caller
2-17 identification information; or
2-18 (3) complying with applicable law or legal process.
2-19 (g) This section does not apply to:
2-20 (1) an identification service that is used within the
2-21 same limited system, including a central office based PBX-type
2-22 system;
2-23 (2) information that is used on a public agency's
2-24 emergency telephone line or on a line that receives the primary
2-25 emergency telephone number (9-1-1);
2-26 (3) information passed between telecommunications
2-27 utilities, enhanced service providers, or other entities that is
3-1 necessary for the set-up, processing, transmission, or billing of
3-2 telecommunications or related services;
3-3 (4) information provided in compliance with applicable
3-4 law or legal process; or
3-5 (5) an identification service provided in connection
3-6 with a "700," "800," or "900" access code telecommunications
3-7 service.
3-8 (h) In this section:
3-9 (1) "Caller identification information" means:
3-10 (A) the telephone listing number and/or name of
3-11 the customer from whose telephone instrument a telephone number is
3-12 dialed; or
3-13 (B) other information that may be used to
3-14 identify the specific originating number or originating location of
3-15 a wire or electronic communication transmitted by a telephone
3-16 instrument.
3-17 (2) "Caller identification service" means a service
3-18 offered by a telecommunications utility that provides caller
3-19 identification information to a device capable of displaying the
3-20 information.
3-21 (3) "Per-call blocking" means a telecommunications
3-22 service that prevents the transmission of caller identification
3-23 information to a called party on an individual call if the calling
3-24 party acts affirmatively to prevent the transmission of the caller
3-25 identification information.
3-26 (4) "Per-line blocking" means a telecommunications
3-27 service that prevents the transmission of caller identification
4-1 information to a called party on every call unless the calling
4-2 party acts affirmatively to release the caller identification
4-3 information.
4-4 SECTION 2. Subdivision (14), Section 1, Article 18.21, Code
4-5 of Criminal Procedure, is amended to read as follows:
4-6 (14) "Trap and trace device" means a mechanical or
4-7 electronic device that attaches to a telephone line and is capable
4-8 of recording an incoming electronic or other impulse that
4-9 identifies the originating number of an instrument or device from
4-10 which a wire or electronic communication was transmitted. The term
4-11 does not include a device or telecommunications network used in
4-12 providing either: (1) a caller identification service authorized
4-13 by the Public Utility Commission of Texas under Section 87C, Public
4-14 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
4-15 Statutes); or (2) the services referenced in Subsection (g),
4-16 Section 87C, Public Utility Regulatory Act (Article 1446c, Vernon's
4-17 Texas Civil Statutes).
4-18 SECTION 3. (a) The change in law made by this Act applies
4-19 only to an offense committed on or after the effective date of this
4-20 Act. For purposes of this section, an offense is committed before
4-21 the effective date of this Act if any element of the offense occurs
4-22 before that date.
4-23 (b) An offense committed before the effective date of this
4-24 Act is covered by the law in effect when the offense was committed,
4-25 and the former law is continued in effect for this purpose.
4-26 SECTION 4. This Act takes effect September 1, 1993.
4-27 SECTION 5. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.