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.