By Giddings H.B. No. 3174
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to telephone solicitation using automated dial announcing
1-3 devices.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.653(a), Public Utility Regulatory Act
1-6 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 (a) A person may not operate an ADAD to make a telephone
1-9 call if the device plays a recorded message when a connection is
1-10 completed to a telephone number unless:
1-11 (1) the person has obtained a permit from the
1-12 commission and given written notice specifying the type of device
1-13 to each telecommunications utility over whose system the device is
1-14 to be used;
1-15 (2) the device is not used for random number dialing
1-16 or to dial numbers determined by successively increasing or
1-17 decreasing integers;
1-18 (3) the message states during the first 30 seconds of
1-19 the call the nature of the call, the identity of the person,
1-20 company, or organization making the call, and the telephone number
1-21 from which the call was made, provided, however, that if an ADAD is
1-22 used for debt collection purposes and the use complies with
1-23 applicable federal law and regulations, and the ADAD is used by a
1-24 live operator for automatic dialing or hold announcement purposes,
2-1 the use complies with this subdivision;
2-2 (4) the device disconnects from the called person's
2-3 line not later than 30 seconds after the call is terminated by
2-4 either party or, if the device cannot disconnect within that
2-5 period, a live operator introduces the call and receives the oral
2-6 consent of the called person before beginning a prerecorded or
2-7 synthesized voice message;
2-8 (5) the device, when used for solicitation purposes,
2-9 has a message shorter than 30 seconds [one minute] or has the
2-10 technical capacity to recognize a telephone answering device on the
2-11 called person's line and terminates the call within 30 seconds [one
2-12 minute]; and
2-13 (6) for calls terminating in this state, the device is
2-14 not used to make a call:
2-15 (A) before noon or after 9 p.m. on a Sunday or
2-16 before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
2-17 device is used for solicitation; or
2-18 (B) at an hour at which collection calls would
2-19 be prohibited under the federal Fair Debt Collection Practices Act
2-20 (15 U.S.C. Section 1692 et seq.), if the device is used for
2-21 collection purposes.
2-22 SECTION 2. Section 3.656(e), Public Utility Regulatory Act
2-23 of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
2-24 amended to read as follows:
2-25 (e) The proceeds of administrative penalties collected under
2-26 this section shall be deposited to the credit of the commission and
2-27 shall be used by the commission to enforce this subtitle [general
3-1 revenue fund].
3-2 SECTION 3. Subtitle O, Public Utility Regulatory Act of 1995
3-3 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended by
3-4 adding Section 3.661 to read as follows:
3-5 Sec. 3.661. In addition to the notice required by Section
3-6 3.660, the commission shall conduct an educational program designed
3-7 to inform the public of their rights under Section 3.659 of this
3-8 code, and Section 37.02 of the Business and Commerce Code. The
3-9 educational program shall be directed to all residential telephone
3-10 subscribers and shall be conducted no less frequently than annually
3-11 if funds are available.
3-12 SECTION 4. This Act takes effect September 1, 1997.
3-13 SECTION 5. (a) The change in law made to Section 3.653(a),
3-14 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
3-15 Texas Civil Statutes), by this Act applies only to a violation
3-16 committed on or after September 1, 1997. For the purposes of this
3-17 section, a violation is committed before September 1, 1997, if any
3-18 element of the violation occurs before that date.
3-19 (b) A violation committed before September 1, 1997, is
3-20 covered by the law in effect when the violation was committed, and
3-21 the former law is continued in effect for this purpose.
3-22 SECTION 6. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.
3-27 COMMITTEE AMENDMENT NO. 1
4-1 Amend H.B. No. 3174 as follows:
4-2 (1) On page 2, line 8, strike "within 30 seconds [one
4-3 minute]" and substitute "immediately, except that a person may
4-4 operate a device that does not have the technical capacity to
4-5 recognize a telephone answering device on the called person's line
4-6 and terminate the call within 30 seconds if the person pays an
4-7 annual fee of $50 dollars [within one minute]".
4-8 (2) On page 2, line 24, after the period, insert "A fee
4-9 under Section 3.653(a)(5) of this Act shall be collected by the
4-10 commission and deposited in the general revenue fund. The fee may
4-11 be used only for carrying out the education program under Section
4-12 3.661 of this Act.".
4-13 Dukes