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.