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.