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.