74R13767 E By Henderson S.B. No. 1644 Substitute the following for S.B. No. 1644: By Danburg C.S.S.B. No. 1644 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of changes of long distance carriers; 1-3 providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle G, Title III, Public Utility Regulatory 1-6 Act of 1995, as enacted by S.B. No. 319, Acts of the 74th 1-7 Legislature, Regular Session, 1995, is amended by adding Section 1-8 3.308 to read as follows: 1-9 Sec. 3.308. CHANGE OF LONG DISTANCE CARRIER. (a) If a 1-10 telecommunications provider is required by the rules and 1-11 regulations of the Federal Communications Commission to obtain a 1-12 written authorization from a subscriber to initiate a primary long 1-13 distance carrier change, a provider must obtain from the subscriber 1-14 a written letter of agency that conforms to this section. A 1-15 written letter of agency that does not conform to this section is 1-16 not valid. 1-17 (b) A letter of agency is a document authorizing an 1-18 interexchange carrier to initiate a primary long distance carrier 1-19 change. The subscriber requesting the change must sign and date 1-20 the letter. 1-21 (c) At a minimum, a letter of agency must be printed clearly 1-22 and conspicuously and must contain clear and unambiguous language 1-23 stating: 1-24 (1) the subscriber's billing name and address and each 2-1 telephone number affected by the change order; 2-2 (2) the subscriber's intent to change the subscriber's 2-3 primary long distance carrier; 2-4 (3) the subscriber's designation of the new 2-5 interexchange carrier to act as the subscriber's agent for the 2-6 change; and 2-7 (4) the subscriber's acknowledgment that the 2-8 subscriber has notice that the change may cause a charge to be 2-9 incurred by the subscriber. 2-10 (d) A letter of agency may not purport to instruct the 2-11 subscriber to take an action to retain the subscriber's current 2-12 interexchange carrier. 2-13 (e) A person shall not sell, provide, present, deliver, or 2-14 otherwise convey a written letter of agency to a telecommunications 2-15 provider, including an interexchange carrier, that the person knows 2-16 does not conform to this section. 2-17 (f) A person commits an offense if the person knowingly and 2-18 intentionally violates this section and such violation results in 2-19 an unauthorized change in a subscriber's primary long distance 2-20 carrier. An offense under this subsection shall be subject to the 2-21 same administrative penalties that may be imposed by the commission 2-22 on persons regulated under this Act. 2-23 SECTION 2. This Act takes effect September 1, 1995, and 2-24 applies to a change of long distance carriers that is initiated on 2-25 or after that date. A change of long distance carriers that is 2-26 initiated before that date is governed by the law in effect when 2-27 the change was initiated, and that law is continued in effect for 3-1 that purpose. 3-2 SECTION 3. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.