1-1 By: Henderson S.B. No. 1644 1-2 (In the Senate - Filed April 11, 1995; April 11, 1995, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 19, 1995, reported favorably, as amended, by the following 1-5 vote: Yeas 7, Nays 0; April 19, 1995, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson 1-7 Amend S.B. No. 1644, on page 1, line 9 (committee printing page 1, 1-8 line 27), by striking Section 3.308(a), Subtitle G, Title III, 1-9 Public Utility Regulatory Act of 1995, and substitute the following 1-10 in lieu thereof: 1-11 (a) If a telecommunications provider is required by the 1-12 rules and regulations of the Federal Communications Commission to 1-13 obtain a written authorization from a subscriber to initiate a 1-14 primary long distance carrier change, a provider must obtain from 1-15 the subscriber a written letter of agency that conforms to this 1-16 section. A written letter of agency that does not conform to this 1-17 section is not valid. 1-18 A BILL TO BE ENTITLED 1-19 AN ACT 1-20 relating to the regulation of changes of long distance carriers; 1-21 providing a penalty. 1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-23 SECTION 1. Subtitle G, Title III, Public Utility Regulatory 1-24 Act of 1995, as enacted by S.B. No. 319, Acts of the 74th 1-25 Legislature, Regular Session, 1995, is amended by adding Section 1-26 3.308 to read as follows: 1-27 Sec. 3.308. CHANGE OF LONG DISTANCE CARRIER. (a) An 1-28 interexchange carrier may not initiate a primary long distance 1-29 carrier change unless the carrier obtains from the subscriber a 1-30 written letter of agency in accordance with this section. A letter 1-31 of agency that does not conform to this section is not valid. 1-32 (b) A letter of agency is a document authorizing an 1-33 interexchange carrier to initiate a primary long distance carrier 1-34 change. The subscriber requesting the change must sign and date 1-35 the letter. 1-36 (c) At a minimum, a letter of agency must be printed clearly 1-37 and conspicuously and must contain clear and unambiguous language 1-38 stating: 1-39 (1) the subscriber's billing name and address and each 1-40 telephone number affected by the change order; 1-41 (2) the subscriber's intent to change the subscriber's 1-42 primary long distance carrier; 1-43 (3) the subscriber's designation of the new 1-44 interexchange carrier to act as the subscriber's agent for the 1-45 change; and 1-46 (4) the subscriber's acknowledgment that the 1-47 subscriber has notice that the change may cause a charge to be 1-48 incurred by the subscriber. 1-49 (d) A letter of agency may not purport to instruct the 1-50 subscriber to take an action to retain the subscriber's current 1-51 interexchange carrier. 1-52 (e) An interexchange carrier is liable for any act in 1-53 violation of this section that is committed by an employee or 1-54 independent contractor acting on behalf of the carrier. 1-55 (f) A person commits an offense if the person knowingly 1-56 violates this section. An offense under this subsection is a 1-57 felony of the third degree. If it is shown at the trial of a 1-58 person under this subsection that the person was previously 1-59 convicted of an offense under this subsection within the five years 1-60 preceding the date of the offense for which the person is being 1-61 tried, the offense is a felony of the first degree. 1-62 SECTION 2. This Act takes effect September 1, 1995, and 1-63 applies to a change of long distance carriers that is initiated on 1-64 or after that date. A change of long distance carriers that is 1-65 initiated before that date is governed by the law in effect when 1-66 the change was initiated, and that law is continued in effect for 1-67 that purpose. 1-68 SECTION 3. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended. 2-5 * * * * *