1-1 By: Luna S.B. No. 835
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 15, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 15, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Parker x
1-10 Lucio x
1-11 Ellis x
1-12 Haley x
1-13 Harris of Dallas x
1-14 Harris of Tarrant x
1-15 Leedom x
1-16 Madla x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 835 By: Ellis
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the posting of telephone numbers and notices on pay
1-24 telephones; providing a penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Article XIII, Public Utility Regulatory Act
1-27 (Article 1446c, Vernon's Texas Civil Statutes), is amended by
1-28 adding Section 93A to read as follows:
1-29 Sec. 93A. (a) A pay telephone service provider may not
1-30 display a telephone number on a pay telephone that cannot receive a
1-31 telephone call.
1-32 (b) A pay telephone service provider shall place in a
1-33 conspicuous location on each pay telephone that cannot receive
1-34 telephone calls a notice stating in letters one-half inch
1-35 high: "THIS TELEPHONE CANNOT RECEIVE TELEPHONE CALLS.":
1-36 (c) A pay telephone service provider that violates a
1-37 provision of this section or a rule or order adopted by the
1-38 commission under this section is subject to a civil penalty as
1-39 provided by Section 72 of this Act.
1-40 (d) The commission has jurisdiction over all pay telephone
1-41 service providers to the extent necessary to enforce this section
1-42 regardless of whether a pay telephone service provider is a
1-43 telecommunications utility regulated under this Act.
1-44 (e) The commission may adopt rules and establish procedures
1-45 to enforce this section.
1-46 SECTION 2. Subsection (a), Section 72, Public Utility
1-47 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
1-48 amended to read as follows:
1-49 (a) Any public utility, water supply or sewer service
1-50 corporation, customer-owned pay telephone service provider for
1-51 purposes of Section 93A of this Act, or affiliated interest that
1-52 knowingly violates a provision of this Act, fails to perform a duty
1-53 imposed on it, or fails, neglects, or refuses to obey an order,
1-54 rule, regulation, direction, or requirement of the commission or
1-55 decree or judgment of a court, shall be subject to a civil penalty
1-56 of not less than $1,000 nor more than $5,000 for each offense.
1-57 SECTION 3. This Act takes effect for all newly installed pay
1-58 telephones on September 1, 1993. For all pay telephones in service
1-59 prior to that date, this Act takes effect on January 1, 1994.
1-60 SECTION 4. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended.
1-65 * * * * *
1-66 Austin,
1-67 Texas
1-68 April 15, 1993
2-1 Hon. Bob Bullock
2-2 President of the Senate
2-3 Sir:
2-4 We, your Committee on Economic Development to which was referred
2-5 S.B. No. 835, have had the same under consideration, and I am
2-6 instructed to report it back to the Senate with the recommendation
2-7 that it do not pass, but that the Committee Substitute adopted in
2-8 lieu thereof do pass and be printed.
2-9 Parker,
2-10 Chairman
2-11 * * * * *
2-12 WITNESSES
2-13 FOR AGAINST ON
2-14 ___________________________________________________________________
2-15 Name: Vicki Oswalt x
2-16 Representing: Public Utility Commission
2-17 City: Austin
2-18 -------------------------------------------------------------------
2-19 Name: Tommy Chasak x
2-20 Representing: GTE Southwest, Inc.
2-21 City: Austin
2-22 -------------------------------------------------------------------
2-23 Name: Alex B. Perez x
2-24 Representing: San Antonio Police Dept.
2-25 City: San Antonio
2-26 -------------------------------------------------------------------
2-27 Name: Mark Koepp x
2-28 Representing: Southwestern Bell Telephone
2-29 City: San Antonio
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