By Henderson S.B. No. 1644 74R9331 CBH-D 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. 319, Acts of the 74th Legislature, 1-7 Regular Session, 1995, is amended by adding Section 3.308 to read 1-8 as follows: 1-9 Sec. 3.308. CHANGE OF LONG DISTANCE CARRIER. (a) An 1-10 interexchange carrier may not initiate a primary long distance 1-11 carrier change unless the carrier obtains from the subscriber a 1-12 written letter of agency in accordance with this section. A letter 1-13 of agency that does not conform to this section is not valid. 1-14 (b) A letter of agency is a document authorizing an 1-15 interexchange carrier to initiate a primary long distance carrier 1-16 change. The subscriber requesting the change must sign and date 1-17 the letter. 1-18 (c) At a minimum, a letter of agency must be printed clearly 1-19 and conspicuously and must contain clear and unambiguous language 1-20 stating: 1-21 (1) the subscriber's billing name and address and each 1-22 telephone number affected by the change order; 1-23 (2) the subscriber's intent to change the subscriber's 1-24 primary long distance carrier; 2-1 (3) the subscriber's designation of the new 2-2 interexchange carrier to act as the subscriber's agent for the 2-3 change; and 2-4 (4) the subscriber's acknowledgment that the 2-5 subscriber has notice that the change may cause a charge to be 2-6 incurred by the subscriber. 2-7 (d) A letter of agency may not purport to instruct the 2-8 subscriber to take an action to retain the subscriber's current 2-9 interexchange carrier. 2-10 (e) An interexchange carrier is liable for any act in 2-11 violation of this section that is committed by an employee or 2-12 independent contractor acting on behalf of the carrier. 2-13 (f) A person commits an offense if the person knowingly 2-14 violates this section. An offense under this subsection is a 2-15 felony of the third degree. If it is shown at the trial of a 2-16 person under this subsection that the person was previously 2-17 convicted of an offense under this subsection within the five years 2-18 preceding the date of the offense for which the person is being 2-19 tried, the offense is a felony of the first degree. 2-20 SECTION 2. This Act takes effect September 1, 1995, and 2-21 applies to a change of long distance carriers that is initiated on 2-22 or after that date. A change of long distance carriers that is 2-23 initiated before that date is governed by the law in effect when 2-24 the change was initiated, and that law is continued in effect for 2-25 that purpose. 2-26 SECTION 3. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended.