By Barrientos S.B. No. 1259
75R5352 ESH-D
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 provider may not offer per-call blocking or per-line
2-12 blocking to a telephone solicitor. A provider shall require that
2-13 the caller identification information of a telephone solicitor that
2-14 is shown by a caller identification device include a code adopted
2-15 by the provider that indicates the person is a telephone solicitor.
2-16 In this subsection, "telephone solicitor" has the meaning assigned
2-17 by Section 37.02, Business & Commerce Code.
2-18 (e-1) Each person who provides caller identification service
2-19 shall adopt an identification code for telephone solicitors as
2-20 required by Subsection (e) of this section not later than November
2-21 1, 1997, and shall notify each telephone solicitor, as defined by
2-22 Subsection (e) of this section, of that identification code not
2-23 later than November 15, 1997. Not later than January 1, 1998, each
2-24 provider shall ensure that the caller identification information of
2-25 a telephone solicitor includes the identification code. Each
2-26 provider shall remove a per-line block on a line used by a
2-27 telephone solicitor not later than January 1, 1998. This
3-1 subsection expires January 31, 1998.
3-2 (f) The commission may only prescribe in relation to
3-3 blocking the requirements prescribed by Subsections (c) and (d) of
3-4 this section.
3-5 (g) [(f)] A person may not use a caller identification
3-6 service to compile and sell specific local call information without
3-7 the affirmative consent and approval of the originating telephone
3-8 customer. This subsection does not prohibit the provider from:
3-9 (1) verifying network performance or from testing the
3-10 provision of caller identification service;
3-11 (2) compiling, using, and disclosing aggregate caller
3-12 identification information; or
3-13 (3) complying with applicable law or legal process.
3-14 (h) [(g)] This section does not apply to:
3-15 (1) an identification service that is used within the
3-16 same limited system, including a central office based PBX-type
3-17 system;
3-18 (2) information that is used on a public agency's
3-19 emergency telephone line or on a line that receives the primary
3-20 emergency telephone number (9-1-1);
3-21 (3) information passed between telecommunications
3-22 utilities, enhanced service providers, or other entities that is
3-23 necessary for the set-up, processing, transmission, or billing of
3-24 telecommunications or related services;
3-25 (4) information provided in compliance with applicable
3-26 law or legal process; or
3-27 (5) an identification service provided in connection
4-1 with a "700," "800," or "900" access code telecommunications
4-2 service.
4-3 (i) [(h)] In this section:
4-4 (1) "Caller identification information" means:
4-5 (A) the telephone listing number and/or name of
4-6 the customer from whose telephone instrument a telephone number is
4-7 dialed; or
4-8 (B) other information that may be used to
4-9 identify the specific originating number or originating location of
4-10 a wire or electronic communication transmitted by a telephone
4-11 instrument.
4-12 (2) "Caller identification service" means a service
4-13 offered by a telecommunications utility that provides caller
4-14 identification information to a device capable of displaying the
4-15 information.
4-16 (3) "Per-call blocking" means a telecommunications
4-17 service that prevents the transmission of caller identification
4-18 information to a called party on an individual call if the calling
4-19 party acts affirmatively to prevent the transmission of the caller
4-20 identification information.
4-21 (4) "Per-line blocking" means a telecommunications
4-22 service that prevents the transmission of caller identification
4-23 information to a called party on every call unless the calling
4-24 party acts affirmatively to release the caller identification
4-25 information.
4-26 (j) [(i)] A commercial mobile service provider may offer
4-27 caller identification services under the same terms and conditions
5-1 provided by Subsections (c)-(g) [(f)] of this section.
5-2 SECTION 2. Sections 3.3025(d) and (e), Public Utility
5-3 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
5-4 Statutes), are amended to read as follows:
5-5 (d) A telecommunications provider shall notify in writing
5-6 each customer who purchases Caller ID services from the provider of
5-7 the identification code adopted by the provider for identification
5-8 of telephone solicitors as required by Section 3.302 of this Act.
5-9 (e) In [For purposes of] this section:
5-10 (1) [,] "Caller ID services" includes [include] Caller
5-11 ID and any other service which permits the called party to
5-12 determine the identity, telephone number, or address of the calling
5-13 party, except Caller ID services do not include 911 services.
5-14 (2) [(e) For purposes of this section,] "Caller ID
5-15 materials" includes [shall include] any advertisements, educational
5-16 material, training materials, audio and video marketing devices,
5-17 and any information disseminated about Caller ID services.
5-18 SECTION 3. This Act takes effect September 1, 1997.
5-19 SECTION 4. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.