1-1 By: Janek (Senate Sponsor - Barrientos) H.B. No. 2128
1-2 (In the Senate - Received from the House May 14, 1997;
1-3 May 15, 1997, read first time and referred to Committee on Economic
1-4 Development; May 18, 1997, reported favorably by the following
1-5 vote: Yeas 11, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the use of telephone caller identification services and
1-9 automated dial announcing devices by telephone solicitors;
1-10 providing an administrative penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 3.302, Public Utility Regulatory Act of
1-13 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
1-14 to read as follows:
1-15 Sec. 3.302. CALLER IDENTIFICATION SERVICES. (a) This
1-16 section applies only to the provision of caller identification
1-17 service.
1-18 (b) A person may not offer a caller identification service
1-19 unless the person obtains written authorization from the
1-20 commission.
1-21 (c) Except as provided by Subsection (e) of this section,
1-22 the [The] commission shall require that a provider of caller
1-23 identification service offer per-call blocking at no charge to each
1-24 telephone subscriber in the specific area in which the service is
1-25 offered.
1-26 (d) Except as provided by Subsection (e) of this section,
1-27 the [The] commission shall require that a provider offer per-line
1-28 blocking at no charge to a particular customer if the commission
1-29 receives from the customer written certification that the customer
1-30 has a compelling need for per-line blocking. If a customer later
1-31 removes the per-line block, the provider may assess a service order
1-32 charge relating to administrative costs in an amount approved by
1-33 the commission to reinstate the per-line block. The commission may
1-34 prescribe and assess fees and assessments from providers of caller
1-35 identification service in an amount sufficient to cover the
1-36 additional expenses incurred by the commission in implementing the
1-37 customer certification provisions of this subsection. Reports,
1-38 records, and information received under this subsection by the
1-39 commission or by a provider of caller identification service are
1-40 confidential and may be used only for the purposes of administering
1-41 this subsection.
1-42 (e) A telephone solicitor may not use any method, including
1-43 per-call blocking or per-line blocking, that prevents caller
1-44 identification information for the telephone solicitor's lines used
1-45 to make consumer telephone calls from being shown by a device
1-46 capable of displaying caller identification information. The
1-47 caller identification information displayed must contain a
1-48 telephone number at which the telephone solicitor may receive
1-49 telephone calls. A telephone solicitor who violates this
1-50 subsection is subject to an administrative penalty not to exceed
1-51 $1,000 for each day or portion of a day in which the person uses a
1-52 method prohibited by this subsection. Sections 3.656(b)-(e) of
1-53 this Act apply to the imposition of a penalty under this
1-54 subsection. In this subsection, "telephone solicitor" and
1-55 "consumer telephone call" have the meanings assigned by Section
1-56 37.01, Business & Commerce Code.
1-57 (e-1) Not later than January 1, 1998, from each line used
1-58 for consumer telephone calls, a telephone solicitor shall remove
1-59 per-line blocking and any other method prohibited by Subsection
1-60 (e) of this section. This subsection expires January 31, 1998.
1-61 (f) The commission may only prescribe in relation to
1-62 blocking the requirements prescribed by Subsections (c), [and] (d),
1-63 and (e) of this section.
1-64 (g) [(f)] A person may not use a caller identification
2-1 service to compile and sell specific local call information without
2-2 the affirmative consent and approval of the originating telephone
2-3 customer. This subsection does not prohibit the provider from:
2-4 (1) verifying network performance or from testing the
2-5 provision of caller identification service;
2-6 (2) compiling, using, and disclosing aggregate caller
2-7 identification information; or
2-8 (3) complying with applicable law or legal process.
2-9 (h) [(g)] This section does not apply to:
2-10 (1) an identification service that is used within the
2-11 same limited system, including a central office based PBX-type
2-12 system;
2-13 (2) information that is used on a public agency's
2-14 emergency telephone line or on a line that receives the primary
2-15 emergency telephone number (9-1-1);
2-16 (3) information passed between telecommunications
2-17 utilities, enhanced service providers, or other entities that is
2-18 necessary for the set-up, processing, transmission, or billing of
2-19 telecommunications or related services;
2-20 (4) information provided in compliance with applicable
2-21 law or legal process; or
2-22 (5) an identification service provided in connection
2-23 with a "700," "800," or "900" access code telecommunications
2-24 service.
2-25 (i) [(h)] In this section:
2-26 (1) "Caller identification information" means:
2-27 (A) the telephone listing number and/or name of
2-28 the customer from whose telephone instrument a telephone number is
2-29 dialed; or
2-30 (B) other information that may be used to
2-31 identify the specific originating number or originating location of
2-32 a wire or electronic communication transmitted by a telephone
2-33 instrument.
2-34 (2) "Caller identification service" means a service
2-35 offered by a telecommunications utility that provides caller
2-36 identification information to a device capable of displaying the
2-37 information.
2-38 (3) "Per-call blocking" means a telecommunications
2-39 service that prevents the transmission of caller identification
2-40 information to a called party on an individual call if the calling
2-41 party acts affirmatively to prevent the transmission of the caller
2-42 identification information.
2-43 (4) "Per-line blocking" means a telecommunications
2-44 service that prevents the transmission of caller identification
2-45 information to a called party on every call unless the calling
2-46 party acts affirmatively to release the caller identification
2-47 information.
2-48 (j) [(i)] A commercial mobile service provider may offer
2-49 caller identification services under the same terms and conditions
2-50 provided by Subsections (c)-(g) [(f)] of this section.
2-51 SECTION 2. Section 3.653(a), Public Utility Regulatory Act
2-52 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
2-53 amended to read as follows:
2-54 (a) A person may not operate an ADAD to make a telephone
2-55 call if the device plays a recorded message when a connection is
2-56 completed to a telephone number unless:
2-57 (1) the person has obtained a permit from the
2-58 commission and given written notice specifying the type of device
2-59 to each telecommunications utility over whose system the device is
2-60 to be used;
2-61 (2) the device is not used for random number dialing
2-62 or to dial numbers determined by successively increasing or
2-63 decreasing integers;
2-64 (3) the message states during the first 30 seconds of
2-65 the call the nature of the call, the identity of the person,
2-66 company, or organization making the call, and the telephone number
2-67 from which the call was made, provided, however, that if an ADAD is
2-68 used for debt collection purposes and the use complies with
2-69 applicable federal law and regulations, and the ADAD is used by a
3-1 live operator for automatic dialing or hold announcement purposes,
3-2 the use complies with this subdivision;
3-3 (4) the device disconnects from the called person's
3-4 line not later than 30 seconds after the call is terminated by
3-5 either party or, if the device cannot disconnect within that
3-6 period, a live operator introduces the call and receives the oral
3-7 consent of the called person before beginning a prerecorded or
3-8 synthesized voice message;
3-9 (5) the device, when used for solicitation purposes,
3-10 has a message shorter than 30 seconds [one minute] or has the
3-11 technical capacity to recognize a telephone answering device on the
3-12 called person's line and terminates the call within 30 seconds [one
3-13 minute]; and
3-14 (6) for calls terminating in this state, the device is
3-15 not used to make a call:
3-16 (A) before noon or after 9 p.m. on a Sunday or
3-17 before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
3-18 device is used for solicitation; or
3-19 (B) at an hour at which collection calls would
3-20 be prohibited under the federal Fair Debt Collection Practices Act
3-21 (15 U.S.C. Section 1692 et seq.), if the device is used for
3-22 collection purposes.
3-23 SECTION 3. Section 3.656(e), Public Utility Regulatory Act
3-24 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
3-25 amended to read as follows:
3-26 (e) The proceeds of administrative penalties collected under
3-27 this section shall be deposited to the credit of the commission and
3-28 shall be used by the commission to enforce this subtitle [general
3-29 revenue fund].
3-30 SECTION 4. Subtitle O, Public Utility Regulatory Act of 1995
3-31 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended by
3-32 adding Section 3.661 to read as follows:
3-33 Sec. 3.661. EDUCATIONAL PROGRAM. In addition to the notice
3-34 required by Section 3.660, the commission shall conduct an
3-35 educational program designed to inform the public of their rights
3-36 under Section 3.659 of this Act and Section 37.02, Business &
3-37 Commerce Code. The educational program shall be directed to all
3-38 residential telephone subscribers and shall be conducted no less
3-39 frequently than annually if funds are available.
3-40 SECTION 5. (a) The change in law made to Section 3.653(a),
3-41 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
3-42 Texas Civil Statutes), by this Act applies only to a violation
3-43 committed on or after September 1, 1997. For the purposes of this
3-44 section, a violation is committed before September 1, 1997, if any
3-45 element of the violation occurs before that date.
3-46 (b) A violation committed before September 1, 1997, is
3-47 covered by the law in effect when the violation was committed, and
3-48 the former law is continued in effect for this purpose.
3-49 SECTION 6. This Act takes effect September 1, 1997.
3-50 SECTION 7. The importance of this legislation and the
3-51 crowded condition of the calendars in both houses create an
3-52 emergency and an imperative public necessity that the
3-53 constitutional rule requiring bills to be read on three several
3-54 days in each house be suspended, and this rule is hereby suspended.
3-55 * * * * *