75R12129 CLG-F                           

         By Davila                                             H.B. No. 2966

         Substitute the following for H.B. No. 2966:

         By Brimer                                         C.S.H.B. No. 2966

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to consumer telephone calls made by a telephone solicitor.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 37.01(4) and (5), Business & Commerce

 1-5     Code, are amended to read as follows:

 1-6                 (4)  "Consumer telephone call" means an unsolicited

 1-7     outbound call made to a residential telephone number by a telephone

 1-8     solicitor to:

 1-9                       (A)  solicit a sale or lease of a consumer good

1-10     or service;

1-11                       (B)  solicit an extension of credit for a

1-12     consumer good or service; [or]

1-13                       (C)  obtain information that will or may be used

1-14     to directly solicit a sale or lease of a consumer good or service

1-15     or to extend credit for the sale;

1-16                       (D)  generate an appointment for a later

1-17     face-to-face sales visit relating to a consumer good or service by

1-18     either the caller or the potential buyer; or

1-19                       (E)  solicit permission from a potential buyer to

1-20     receive sales literature on a consumer good or service from the

1-21     caller.

1-22                 (5)  "Telephone solicitor" means a person who makes or

1-23     causes to be made a consumer telephone call, including a call made

1-24     by an automated dialing device or other recorded message device.

 2-1           SECTION 2.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended,

 2-6     and that this Act take effect and be in force from and after its

 2-7     passage, and it is so enacted.