75R11737 E                           

         By Janek                                              H.B. No. 2128

         Substitute the following for H.B. No. 2128:

         By Elkins                                         C.S.H.B. No. 2128

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of telephone caller identification services by

 1-3     telephone solicitors.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 3.302, Public Utility Regulatory Act of

 1-6     1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended

 1-7     to read as follows:

 1-8           Sec. 3.302.  CALLER IDENTIFICATION SERVICES.  (a) This

 1-9     section applies only to the provision of caller identification

1-10     service.

1-11           (b)  A person may not offer a caller identification service

1-12     unless the person obtains written authorization from the

1-13     commission.

1-14           (c)  Except as provided by Subsection (e) of this section,

1-15     the [The] commission shall require that a provider of caller

1-16     identification service offer per-call blocking at no charge to each

1-17     telephone subscriber in the specific area in which the service is

1-18     offered.

1-19           (d)  Except as provided by Subsection (e) of this section,

1-20     the [The] commission shall require that a provider offer per-line

1-21     blocking at no charge to a particular customer if the commission

1-22     receives from the customer written certification that the customer

1-23     has a compelling need for per-line blocking.  If a customer later

1-24     removes the per-line block, the provider may assess a service order

 2-1     charge relating to administrative costs in an amount approved by

 2-2     the commission to reinstate the per-line block.  The commission may

 2-3     prescribe and assess fees and assessments from providers of caller

 2-4     identification service in an amount sufficient to cover the

 2-5     additional expenses incurred by the commission in implementing the

 2-6     customer certification provisions of this subsection.  Reports,

 2-7     records, and information received under this subsection by the

 2-8     commission or by a provider of caller identification service are

 2-9     confidential and may be used only for the purposes of administering

2-10     this subsection.

2-11           (e)  A telephone solicitor may not use any method, including

2-12     per-call blocking or per-line blocking, that prevents caller

2-13     identification information for the telephone solicitor's lines used

2-14     to make consumer telephone calls from being shown by a device

2-15     capable of displaying caller identification information.  In this

2-16     subsection, "telephone solicitor" and "consumer telephone call"

2-17     have the meanings assigned by Section 37.01, Business & Commerce

2-18     Code.

2-19           (e-1)  Not later than January 1, 1998, from each line used

2-20     for consumer telephone calls, a telephone solicitor shall remove

2-21     per-line blocking  and any other method prohibited by Subsection

2-22     (e) of this section.  This subsection expires January 31, 1998.

2-23           (f)  The commission may only prescribe in relation to

2-24     blocking the requirements prescribed by Subsections (c), [and] (d),

2-25     and (e) of this section.

2-26           (g) [(f)]  A person may not use a caller identification

2-27     service to compile and sell specific local call information without

 3-1     the affirmative consent and approval of the originating telephone

 3-2     customer.  This subsection does not prohibit the provider from:

 3-3                 (1)  verifying network performance or from testing the

 3-4     provision of caller identification service;

 3-5                 (2)  compiling, using, and disclosing aggregate caller

 3-6     identification information;  or

 3-7                 (3)  complying with applicable law or legal process.

 3-8           (h) [(g)]  This section does not apply to:

 3-9                 (1)  an identification service that is used within the

3-10     same limited system, including a central office based PBX-type

3-11     system;

3-12                 (2)  information that is used on a public agency's

3-13     emergency telephone line or on a line that receives the primary

3-14     emergency telephone number (9-1-1);

3-15                 (3)  information passed between telecommunications

3-16     utilities, enhanced service providers, or other entities that is

3-17     necessary for the set-up, processing, transmission, or billing of

3-18     telecommunications or related services;

3-19                 (4)  information provided in compliance with applicable

3-20     law or legal process;  or

3-21                 (5)  an identification service provided in connection

3-22     with a "700," "800," or "900" access code telecommunications

3-23     service.

3-24           (i) [(h)]  In this section:

3-25                 (1)  "Caller identification information" means:

3-26                       (A)  the telephone listing number and/or name of

3-27     the customer from whose telephone instrument a telephone number is

 4-1     dialed;  or

 4-2                       (B)  other information that may be used to

 4-3     identify the specific originating number or originating location of

 4-4     a wire or electronic communication transmitted by a telephone

 4-5     instrument.

 4-6                 (2)  "Caller identification service" means a service

 4-7     offered by a telecommunications utility that provides caller

 4-8     identification information to a device capable of displaying the

 4-9     information.

4-10                 (3)  "Per-call blocking" means a telecommunications

4-11     service that prevents the transmission of caller identification

4-12     information to a called party on an individual call if the calling

4-13     party acts affirmatively to prevent the transmission of the caller

4-14     identification information.

4-15                 (4)  "Per-line blocking" means a telecommunications

4-16     service that prevents the transmission of caller identification

4-17     information to a called party on every call unless the calling

4-18     party acts affirmatively to release the caller identification

4-19     information.

4-20           (j) [(i)]  A commercial mobile service provider may offer

4-21     caller identification services under the same terms and conditions

4-22     provided by Subsections (c)-(g) [(f)] of this section.

4-23           SECTION 2.  This Act takes effect September 1, 1997.

4-24           SECTION 3.  The importance of this legislation and the

4-25     crowded condition of the calendars in both houses create an

4-26     emergency and an imperative public necessity that the

4-27     constitutional rule requiring bills to be read on three several

 5-1     days in each house be suspended, and this rule is hereby suspended.