By Jones of Dallas H.B. No. 1009
75R3362 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a long distance carrier authorized to serve a
1-3 subscriber; providing an administrative 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 (Article 1446c-0, Vernon's Texas Civil Statutes), is
1-7 amended by adding Sections 3.312 and 3.313 to read as follows:
1-8 Sec. 3.312. CHANGE OF LONG DISTANCE CARRIER. (a) An
1-9 interexchange carrier may not initiate a primary long distance
1-10 carrier change unless the carrier obtains from the subscriber a
1-11 written letter of agency in accordance with this section. A letter
1-12 of agency that does not conform to this section is not valid.
1-13 (b) A letter of agency is a document authorizing an
1-14 interexchange carrier to initiate a primary long distance carrier
1-15 change. The subscriber requesting the change must sign and date
1-16 the letter.
1-17 (c) At a minimum, a letter of agency must be printed clearly
1-18 and conspicuously and must contain clear and unambiguous language
1-19 stating:
1-20 (1) the subscriber's billing name and address and each
1-21 telephone number affected by the change order;
1-22 (2) the subscriber's intent to change the subscriber's
1-23 primary long distance carrier;
1-24 (3) the subscriber's designation of the new
2-1 interexchange carrier to act as the subscriber's agent for the
2-2 change; and
2-3 (4) the subscriber's acknowledgment that the
2-4 subscriber has notice that the change may cause a charge to be
2-5 incurred by the subscriber.
2-6 (d) A letter of agency may not purport to instruct the
2-7 subscriber to take an action to retain the subscriber's current
2-8 interexchange carrier.
2-9 (e) The interexchange carrier to which a subscriber is
2-10 changed shall keep a copy of the letter of agency in the carrier's
2-11 records as long as the subscriber is served by the carrier.
2-12 (f) An interexchange carrier is liable for any act in
2-13 violation of this section that is committed by an employee or
2-14 independent contractor acting on behalf of the carrier.
2-15 (g) A person who violates this section is subject to an
2-16 administrative penalty under Section 1.3215 of this Act.
2-17 Sec. 3.313. NOTICE OF IDENTITY OF INTEREXCHANGE CARRIER.
2-18 (a) A local exchange company shall print on each bill sent to a
2-19 customer of the local exchange company:
2-20 (1) the name of the customer's primary interexchange
2-21 carrier; and
2-22 (2) instructions on how the customer can contact the
2-23 commission if the customer believes that the carrier named is not
2-24 the customer's primary interexchange carrier.
2-25 (b) The information required by Subsection (a) of this
2-26 section must be printed near the place on the bill where the total
2-27 amount of the bill is stated, and if the bill includes a portion to
3-1 be returned to the local exchange company with the customer's
3-2 payment, the name must be printed on this portion.
3-3 SECTION 2. This Act takes effect September 1, 1997, and
3-4 applies to a change of long distance carriers that is initiated on
3-5 or after that date. A change of long distance carriers that is
3-6 initiated before that date is governed by the law in effect when
3-7 the change was initiated, and that law is continued in effect for
3-8 that purpose.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.