By Janek H.B. No. 2128
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of telephone caller identification services and
1-3 automated dial announcing devices by telephone solicitors;
1-4 providing an administrative penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.302, Public Utility Regulatory Act of
1-7 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
1-8 to read as follows:
1-9 Sec. 3.302. CALLER IDENTIFICATION SERVICES. (a) This
1-10 section applies only to the provision of caller identification
1-11 service.
1-12 (b) A person may not offer a caller identification service
1-13 unless the person obtains written authorization from the
1-14 commission.
1-15 (c) Except as provided by Subsection (e) of this section,
1-16 the [The] commission shall require that a provider of caller
1-17 identification service offer per-call blocking at no charge to each
1-18 telephone subscriber in the specific area in which the service is
1-19 offered.
1-20 (d) Except as provided by Subsection (e) of this section,
1-21 the [The] commission shall require that a provider offer per-line
1-22 blocking at no charge to a particular customer if the commission
1-23 receives from the customer written certification that the customer
1-24 has a compelling need for per-line blocking. If a customer later
2-1 removes the per-line block, the provider may assess a service order
2-2 charge relating to administrative costs in an amount approved by
2-3 the commission to reinstate the per-line block. The commission may
2-4 prescribe and assess fees and assessments from providers of caller
2-5 identification service in an amount sufficient to cover the
2-6 additional expenses incurred by the commission in implementing the
2-7 customer certification provisions of this subsection. Reports,
2-8 records, and information received under this subsection by the
2-9 commission or by a provider of caller identification service are
2-10 confidential and may be used only for the purposes of administering
2-11 this subsection.
2-12 (e) A telephone solicitor may not use any method, including
2-13 per-call blocking or per-line blocking, that prevents caller
2-14 identification information for the telephone solicitor's lines used
2-15 to make consumer telephone calls from being shown by a device
2-16 capable of displaying caller identification information. The
2-17 caller identification information displayed must contain a
2-18 telephone number at which the telephone solicitor may receive
2-19 telephone calls. A telephone solicitor who violates this
2-20 subsection is subject to an administrative penalty not to exceed
2-21 $1,000 for each day or portion of a day in which the person uses a
2-22 method prohibited by this subsection. Sections 3.656(b)-(e) of
2-23 this Act apply to the imposition of a penalty under this
2-24 subsection. In this subsection, "telephone solicitor" and
2-25 "consumer telephone call" have the meanings assigned by Section
2-26 37.01, Business & Commerce Code.
2-27 (e-1) Not later than January 1, 1998, from each line used
3-1 for consumer telephone calls, a telephone solicitor shall remove
3-2 per-line blocking and any other method prohibited by Subsection
3-3 (e) of this section. This subsection expires January 31, 1998.
3-4 (f) The commission may only prescribe in relation to
3-5 blocking the requirements prescribed by Subsections (c), [and] (d),
3-6 and (e) of this section.
3-7 (g) [(f)] A person may not use a caller identification
3-8 service to compile and sell specific local call information without
3-9 the affirmative consent and approval of the originating telephone
3-10 customer. This subsection does not prohibit the provider from:
3-11 (1) verifying network performance or from testing the
3-12 provision of caller identification service;
3-13 (2) compiling, using, and disclosing aggregate caller
3-14 identification information; or
3-15 (3) complying with applicable law or legal process.
3-16 (h) [(g)] This section does not apply to:
3-17 (1) an identification service that is used within the
3-18 same limited system, including a central office based PBX-type
3-19 system;
3-20 (2) information that is used on a public agency's
3-21 emergency telephone line or on a line that receives the primary
3-22 emergency telephone number (9-1-1);
3-23 (3) information passed between telecommunications
3-24 utilities, enhanced service providers, or other entities that is
3-25 necessary for the set-up, processing, transmission, or billing of
3-26 telecommunications or related services;
3-27 (4) information provided in compliance with applicable
4-1 law or legal process; or
4-2 (5) an identification service provided in connection
4-3 with a "700," "800," or "900" access code telecommunications
4-4 service.
4-5 (i) [(h)] In this section:
4-6 (1) "Caller identification information" means:
4-7 (A) the telephone listing number and/or name of
4-8 the customer from whose telephone instrument a telephone number is
4-9 dialed; or
4-10 (B) other information that may be used to
4-11 identify the specific originating number or originating location of
4-12 a wire or electronic communication transmitted by a telephone
4-13 instrument.
4-14 (2) "Caller identification service" means a service
4-15 offered by a telecommunications utility that provides caller
4-16 identification information to a device capable of displaying the
4-17 information.
4-18 (3) "Per-call blocking" means a telecommunications
4-19 service that prevents the transmission of caller identification
4-20 information to a called party on an individual call if the calling
4-21 party acts affirmatively to prevent the transmission of the caller
4-22 identification information.
4-23 (4) "Per-line blocking" means a telecommunications
4-24 service that prevents the transmission of caller identification
4-25 information to a called party on every call unless the calling
4-26 party acts affirmatively to release the caller identification
4-27 information.
5-1 (j) [(i)] A commercial mobile service provider may offer
5-2 caller identification services under the same terms and conditions
5-3 provided by Subsections (c)-(g) [(f)] of this section.
5-4 SECTION 2. Section 3.653(a), Public Utility Regulatory Act
5-5 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
5-6 amended to read as follows:
5-7 (a) A person may not operate an ADAD to make a telephone
5-8 call if the device plays a recorded message when a connection is
5-9 completed to a telephone number unless:
5-10 (1) the person has obtained a permit from the
5-11 commission and given written notice specifying the type of device
5-12 to each telecommunications utility over whose system the device is
5-13 to be used;
5-14 (2) the device is not used for random number dialing
5-15 or to dial numbers determined by successively increasing or
5-16 decreasing integers;
5-17 (3) the message states during the first 30 seconds of
5-18 the call the nature of the call, the identity of the person,
5-19 company, or organization making the call, and the telephone number
5-20 from which the call was made, provided, however, that if an ADAD is
5-21 used for debt collection purposes and the use complies with
5-22 applicable federal law and regulations, and the ADAD is used by a
5-23 live operator for automatic dialing or hold announcement purposes,
5-24 the use complies with this subdivision;
5-25 (4) the device disconnects from the called person's
5-26 line not later than 30 seconds after the call is terminated by
5-27 either party or, if the device cannot disconnect within that
6-1 period, a live operator introduces the call and receives the oral
6-2 consent of the called person before beginning a prerecorded or
6-3 synthesized voice message;
6-4 (5) the device, when used for solicitation purposes,
6-5 has a message shorter than 30 seconds [one minute] or has the
6-6 technical capacity to recognize a telephone answering device on the
6-7 called person's line and terminates the call within 30 seconds [one
6-8 minute]; and
6-9 (6) for calls terminating in this state, the device is
6-10 not used to make a call:
6-11 (A) before noon or after 9 p.m. on a Sunday or
6-12 before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
6-13 device is used for solicitation; or
6-14 (B) at an hour at which collection calls would
6-15 be prohibited under the federal Fair Debt Collection Practices Act
6-16 (15 U.S.C. Section 1692 et seq.), if the device is used for
6-17 collection purposes.
6-18 SECTION 3. Section 3.656(e), Public Utility Regulatory Act
6-19 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
6-20 amended to read as follows:
6-21 (e) The proceeds of administrative penalties collected under
6-22 this section shall be deposited to the credit of the commission and
6-23 shall be used by the commission to enforce this subtitle [general
6-24 revenue fund].
6-25 SECTION 4. Subtitle O, Public Utility Regulatory Act of 1995
6-26 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended by
6-27 adding Section 3.661 to read as follows:
7-1 Sec. 3.661. EDUCATIONAL PROGRAM. In addition to the notice
7-2 required by Section 3.660, the commission shall conduct an
7-3 educational program designed to inform the public of their rights
7-4 under Section 3.659 of this Act and Section 37.02, Business &
7-5 Commerce Code. The educational program shall be directed to all
7-6 residential telephone subscribers and shall be conducted no less
7-7 frequently than annually if funds are available.
7-8 SECTION 5. (a) The change in law made to Section 3.653(a),
7-9 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
7-10 Texas Civil Statutes), by this Act applies only to a violation
7-11 committed on or after Septmber 1, 1997. For the purposes of this
7-12 section, a violation is committed before September 1, 1997, if any
7-13 element of the violation occurs before that date.
7-14 (b) A violation committed before September 1, 1997, is
7-15 covered by the law in effect when the violation was committed, and
7-16 the former law is continued in effect for this purpose.
7-17 SECTION 6. This Act takes effect September 1, 1997.
7-18 SECTION 7. The importance of this legislation and the
7-19 crowded condition of the calendars in both houses create an
7-20 emergency and an imperative public necessity that the
7-21 constitutional rule requiring bills to be read on three several
7-22 days in each house be suspended, and this rule is hereby suspended.