S.B. No. 835
AN ACT
1-1 relating to the posting of telephone numbers and notices on pay
1-2 telephones; providing a civil penalty.
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 93A to read as follows:
1-7 Sec. 93A. (a) A pay telephone service provider may not
1-8 display the telephone number of a pay telephone that cannot receive
1-9 a telephone call.
1-10 (b) A pay telephone service provider shall place in a
1-11 conspicuous location on each pay telephone that cannot receive
1-12 telephone calls a notice stating in letters one-fourth inch
1-13 high: "THIS TELEPHONE CANNOT RECEIVE TELEPHONE CALLS."
1-14 (c) A pay telephone service provider that violates a
1-15 provision of this section or a rule or order adopted by the
1-16 commission under this section is subject to a civil penalty as
1-17 provided by Section 72 of this Act, unless such provider, within 14
1-18 days of receiving written notice of a violation, takes corrective
1-19 action to comply with the provisions of this section.
1-20 (d) The commission has jurisdiction over all pay telephone
1-21 service providers to the extent necessary to enforce this section
1-22 regardless of whether a pay telephone service provider is a
1-23 telecommunications utility regulated under this Act.
1-24 (e) The commission may adopt rules and establish procedures
2-1 to enforce this section.
2-2 SECTION 2. Subsection (a), Section 72, Public Utility
2-3 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
2-4 amended to read as follows:
2-5 (a) Any public utility, water supply or sewer service
2-6 corporation, customer-owned pay telephone service provider for
2-7 purposes of Section 93A of this Act, or affiliated interest that
2-8 knowingly violates a provision of this Act, fails to perform a duty
2-9 imposed on it, or fails, neglects, or refuses to obey an order,
2-10 rule, regulation, direction, or requirement of the commission or
2-11 decree or judgment of a court, shall be subject to a civil penalty
2-12 of not less than $1,000 nor more than $5,000 for each offense.
2-13 SECTION 3. This Act takes effect for all newly installed pay
2-14 telephones on September 1, 1993. For all pay telephones in service
2-15 prior to that date, this Act takes effect on January 1, 1994.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.