By: Henderson S.B. No. 1644 A BILL TO BE ENTITLED AN ACT 1-1 relating to the regulation of changes of long distance carriers; 1-2 providing a penalty. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle G, Title III, Public Utility Regulatory 1-5 Act of 1995, as enacted by S.B. No. 319, Acts of the 74th 1-6 Legislature, Regular Session, 1995, is amended by adding Section 1-7 3.308 to read as follows: 1-8 Sec. 3.308. CHANGE OF LONG DISTANCE CARRIER. (a) If a 1-9 telecommunications provider is required by the rules and 1-10 regulations of the Federal Communications Commission to obtain a 1-11 written authorization from a subscriber to initiate a primary long 1-12 distance carrier change, a provider must obtain from the subscriber 1-13 a written letter of agency that conforms to this section. A 1-14 written letter of agency that does not conform to this section is 1-15 not valid. 1-16 (b) A letter of agency is a document authorizing an 1-17 interexchange carrier to initiate a primary long distance carrier 1-18 change. The subscriber requesting the change must sign and date 1-19 the letter. 1-20 (c) At a minimum, a letter of agency must be printed clearly 1-21 and conspicuously and must contain clear and unambiguous language 1-22 stating: 1-23 (1) the subscriber's billing name and address and each 1-24 telephone number affected by the change order; 2-1 (2) the subscriber's intent to change the subscriber's 2-2 primary long distance carrier; 2-3 (3) the subscriber's designation of the new 2-4 interexchange carrier to act as the subscriber's agent for the 2-5 change; and 2-6 (4) the subscriber's acknowledgment that the 2-7 subscriber has notice that the change may cause a charge to be 2-8 incurred by the subscriber. 2-9 (d) A letter of agency may not purport to instruct the 2-10 subscriber to take an action to retain the subscriber's current 2-11 interexchange carrier. 2-12 (e) An interexchange carrier is liable for any act in 2-13 violation of this section that is committed by an employee or 2-14 independent contractor acting on behalf of the carrier. 2-15 (f) A person commits an offense if the person knowingly 2-16 violates this section. An offense under this subsection is a 2-17 felony of the third degree. If it is shown at the trial of a 2-18 person under this subsection that the person was previously 2-19 convicted of an offense under this subsection within the five years 2-20 preceding the date of the offense for which the person is being 2-21 tried, the offense is a felony of the first degree. 2-22 SECTION 2. This Act takes effect September 1, 1995, and 2-23 applies to a change of long distance carriers that is initiated on 2-24 or after that date. A change of long distance carriers that is 2-25 initiated before that date is governed by the law in effect when 2-26 the change was initiated, and that law is continued in effect for 2-27 that purpose. 3-1 SECTION 3. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended.