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.