SRC-SLL H.B. 2128 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2128
By: Janek (Barrientos)
Economic Development
5-16-97
Engrossed


DIGEST 

Currently, telephone solicitors can block their identity on caller
identification devices.  This bill will provide regulations regarding the
use of telephone caller identification services and provide an
administrative penalty. 

PURPOSE

As proposed, H.B. 2128 provides regulations regarding the use of telephone
caller identification services and provides an administrative penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3.302, Article 1446c-0, V.T.C.S., to prohibit a
telephone solicitor from using any method, including per-call blocking or
per-line blocking, that prevents caller identification information for the
telephone solicitor's lines used to make consumer telephone calls from
being shown by a device capable of displaying caller identification
information.  Requires the caller identification information displayed
must contain a telephone number at which the telephone solicitor may
receive telephone calls.  Provides that a telephone solicitor who violates
this subsection is subject to an administrative penalty not to exceed a
certain amount.  Provides that Sections 3.656(b)-(e) of this Act apply to
the imposition of a penalty under this subsection.  Defines "telephone
solicitor" and "consumer telephone call."  Requires a telephone director
to remove perline blocking and any other method prohibited by Subsection
(e) of this section not later than January 1, 1998, from each line used
for consumer telephone calls.  Makes conforming changes. 

SECTION 2. Amends Section 3.653(a), Article 1446c-0, V.T.C.S., to prohibit
a person from operating an automated dialing announce device to make a
telephone call if the device plays a recorded message when a connection is
completed to a telephone number unless the device, when used for
solicitation purposes, has a message shorter than 30 seconds, rather than
one minute. 

SECTION 3. Amends Section 3.656(e), Article 1446c-0, V.T.C.S., to require
the proceeds of administrative penalties collected under this section to
be deposited to the credit of the Public Utility Commission (commission),
rather than to the credit of the general revenue fund, and to be used by
the commission to enforce this subtitle. 

SECTION 4. Amends Article 1446c-0, V.T.C.S.,  by adding Section 3.661, as
follows: 

Sec.  3.661.  EDUCATIONAL PROGRAM.  Requires the commission, in addition
to the notice required by Section 3.660, to conduct an educational program
designed to inform the public of their rights under Section 3.659 of this
Act and Section 37.02, Business & Commerce Code.  Requires the educational
program to be directed to all residential telephone subscribers and
conducted no less frequently than annually if funds are available. 

SECTION 5. Makes application of this Act prospective.

 SECTION 6. Effective date: September 1, 1997.

SECTION 7. Emergency clause.