BILL ANALYSIS



S.B. 1029
By: Haywood (King)
05-08-95
Committee Report (Unamended)


BACKGROUND

Article 5069-18.01 et seq., Vernon's Texas Civil Statutes
(Telephone Solicitation Act) protects the public against
unscrupulous telemarketers by regulating those who engage in
telephone solicitations.  It exempts from the application of this
Act a person regulated by the Public Utility Commission (PUC), and
was designed to exempt local telephone companies because they are
already regulated extensively by the PUC.

Automatic dialing announcing devices (ADADS), which include
automatic dialing machines and recorded message devices, are
capable of computer-generating thousands of telephone solicitations
each day.  Because they must be registered with the PUC, ADADS can
be said to be "regulated" by the PUC; however, there are few
regulatory or statutory restrictions of ADADS.

PURPOSE

S.B. 1029 makes the provisions of Chapter 50, relating to telephone
solicitations, applicable to persons regulated by the Public
Utility Commission only with respect to automatic dialing
announcing devices.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1.  Amends Article 5069-18.02(a)(6), Vernon's Texas
Civil Statutes, to provide that Chapter 50, relating to telephone
solicitations, applies to a person or affiliate of a person who is
regulated by the Public Utility Commission of Texas only with
respect to one or more automated dial announcing devices.

     SECTION 2.  Makes application of this Act prospective.

     SECTION 3.  Establishes effective date as September 1, 1995.

     SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 1029 was considered by the Committee on Business and Industry
in a formal meeting on May 8, 1995.  S.B. 1029 was reported
favorably, without amendment with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 8 (eight) ayes, 0 (zero)
nays, 0 (zero) present-not-voting, 1 (one) absent.