1-1 By: Sibley S.B. No. 1915
1-2 (In the Senate - Filed March 27, 1997; April 2, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 9, 1997, rereferred to Committee on Economic Development;
1-5 April 18, 1997, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 9, Nays 0; April 18, 1997,
1-7 sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 1915 By: Sibley
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the regulation of utilities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 1.034, Public Utility Regulatory Act of
1-14 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
1-15 to read as follows:
1-16 Sec. 1.034. Orders; Transcript and Exhibits; Public Records.
1-17 (a) All orders of the commission shall be in writing and shall
1-18 contain detailed findings of the facts upon which they are passed.
1-19 (b) The commission shall retain a copy of the transcript and
1-20 the exhibits in any matter in which the commission issues an order.
1-21 All files pertaining to matters which were at any time pending
1-22 before the commission and to records, reports, and inspections
1-23 required by Subtitle E of this title, Title II of this Act, and
1-24 Title III of this Act shall be public records, subject to the terms
1-25 of Chapter 552, Government Code.
1-26 (c) The commission may establish a system to provide
1-27 electronic access to information that is stored in computer banks
1-28 maintained by the commission and that is not made confidential by
1-29 statute or court decision. The system must be reviewed and
1-30 approved by the Department of Information Resources. The
1-31 commission may impose a fee for electronic access to the
1-32 information in an amount reasonable and necessary to cover the
1-33 costs of payments to the Texas Public Finance Authority associated
1-34 with establishing the electronic access system.
1-35 SECTION 2. Section 3.302, Public Utility Regulatory Act of
1-36 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
1-37 to read as follows:
1-38 Sec. 3.302. Caller Identification Services. (a) This
1-39 section applies only to the provision of caller identification
1-40 service.
1-41 (b) A person may not offer a caller identification service
1-42 unless the person obtains written authorization from the
1-43 commission.
1-44 (c) Except as provided by Subsection (e) of this section,
1-45 the [The] commission shall require that a provider of caller
1-46 identification service offer per-call blocking at no charge to each
1-47 telephone subscriber in the specific area in which the service is
1-48 offered.
1-49 (d) Except as provided by Subsection (e) of this section,
1-50 the [The] commission shall require that a provider offer per-line
1-51 blocking at no charge to a particular customer if the commission
1-52 receives from the customer written certification that the customer
1-53 has a compelling need for per-line blocking. If a customer later
1-54 removes the per-line block, the provider may assess a service order
1-55 charge relating to administrative costs in an amount approved by
1-56 the commission to reinstate the per-line block. The commission may
1-57 prescribe and assess fees and assessments from providers of caller
1-58 identification service in an amount sufficient to cover the
1-59 additional expenses incurred by the commission in implementing the
1-60 customer certification provisions of this subsection. Reports,
1-61 records, and information received under this subsection by the
1-62 commission or by a provider of caller identification service are
1-63 confidential and may be used only for the purposes of administering
1-64 this subsection.
2-1 (e) A telephone solicitor may not use any method, including
2-2 per-call blocking or per-line blocking, that prevents caller
2-3 identification information for the telephone solicitor's lines used
2-4 to make consumer telephone calls from being shown by a device
2-5 capable of displaying caller identification information. In this
2-6 subsection, "telephone solicitor" and "consumer telephone call"
2-7 have the meanings assigned by Section 37.01, Business & Commerce
2-8 Code.
2-9 (e-1) Not later than January 1, 1998, from each line used
2-10 for consumer telephone calls, a telephone solicitor shall remove
2-11 per-line blocking and any other method prohibited by Subsection (e)
2-12 of this section. This subsection expires January 31, 1998.
2-13 (f) The commission may only prescribe in relation to
2-14 blocking the requirements prescribed by Subsections (c), [and] (d),
2-15 and (e) of this section.
2-16 (g) [(f)] A person may not use a caller identification
2-17 service to compile and sell specific local call information without
2-18 the affirmative consent and approval of the originating telephone
2-19 customer. This subsection does not prohibit the provider from:
2-20 (1) verifying network performance or from testing the
2-21 provision of caller identification service;
2-22 (2) compiling, using, and disclosing aggregate caller
2-23 identification information; or
2-24 (3) complying with applicable law or legal process.
2-25 (h) [(g)] This section does not apply to:
2-26 (1) an identification service that is used within the
2-27 same limited system, including a central office based PBX-type
2-28 system;
2-29 (2) information that is used on a public agency's
2-30 emergency telephone line or on a line that receives the primary
2-31 emergency telephone number (9-1-1);
2-32 (3) information passed between telecommunications
2-33 utilities, enhanced service providers, or other entities that is
2-34 necessary for the set-up, processing, transmission, or billing of
2-35 telecommunications or related services;
2-36 (4) information provided in compliance with applicable
2-37 law or legal process; or
2-38 (5) an identification service provided in connection
2-39 with a "700," "800," or "900" access code telecommunications
2-40 service.
2-41 (i) [(h)] In this section:
2-42 (1) "Caller identification information" means:
2-43 (A) the telephone listing number and/or name of
2-44 the customer from whose telephone instrument a telephone number is
2-45 dialed; or
2-46 (B) other information that may be used to
2-47 identify the specific originating number or originating location of
2-48 a wire or electronic communication transmitted by a telephone
2-49 instrument.
2-50 (2) "Caller identification service" means a service
2-51 offered by a telecommunications utility that provides caller
2-52 identification information to a device capable of displaying the
2-53 information.
2-54 (3) "Per-call blocking" means a telecommunications
2-55 service that prevents the transmission of caller identification
2-56 information to a called party on an individual call if the calling
2-57 party acts affirmatively to prevent the transmission of the caller
2-58 identification information.
2-59 (4) "Per-line blocking" means a telecommunications
2-60 service that prevents the transmission of caller identification
2-61 information to a called party on every call unless the calling
2-62 party acts affirmatively to release the caller identification
2-63 information.
2-64 (j) [(i)] A commercial mobile service provider may offer
2-65 caller identification services under the same terms and conditions
2-66 provided by Subsections (c)-(g) [(f)] of this section.
2-67 SECTION 3. Subsection (q), Section 3.606, Public Utility
2-68 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
2-69 Statutes), is amended to read as follows:
3-1 (q) The board shall use money in the telecommunications
3-2 utilities account to award grants and loans in accordance with this
3-3 section to fund equipment purchases, including computers, printers,
3-4 computer labs, and video equipment, for public schools and for
3-5 intracampus and intercampus wiring to enable those public schools
3-6 to use the equipment. The board shall use money in the commercial
3-7 mobile service providers account for any purpose authorized by this
3-8 section, including equipment purchases, wiring, material, program
3-9 development, training, installation costs, or any statewide
3-10 telecommunications network. Grants and loans awarded in accordance
3-11 with this section to public school collaboratives may be disbursed
3-12 through regional education service centers on request of the public
3-13 schools participating in the collaborative.
3-14 SECTION 4. Subsection (a), Section 3.608, Public Utility
3-15 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
3-16 Statutes), is amended to read as follows:
3-17 (a) The commission shall adopt and enforce rules requiring
3-18 local exchange companies to establish a universal service fund to
3-19 assist local exchange companies in providing basic local
3-20 telecommunications service at reasonable rates in high cost [rural]
3-21 areas, to reimburse local exchange companies for revenues lost as a
3-22 result of providing tel-assistance service under this Act, to
3-23 reimburse the telecommunications carrier providing the statewide
3-24 telecommunications relay access service for the hearing-impaired
3-25 and speech-impaired as authorized in Section 3.604 of this Act, and
3-26 to reimburse the Texas Department of Human Services and the
3-27 commission for costs incurred in implementing the provisions of
3-28 this subtitle.
3-29 SECTION 5. Subsection (a), Section 3.653, Public Utility
3-30 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
3-31 Statutes), is amended to read as follows:
3-32 (a) A person may not operate an ADAD to make a telephone
3-33 call if the device plays a recorded message when a connection is
3-34 completed to a telephone number unless:
3-35 (1) the person has obtained a permit from the
3-36 commission and given written notice specifying the type of device
3-37 to each telecommunications utility over whose system the device is
3-38 to be used;
3-39 (2) the device is not used for random number dialing
3-40 or to dial numbers determined by successively increasing or
3-41 decreasing integers;
3-42 (3) the message states during the first 30 seconds of
3-43 the call the nature of the call, the identity of the person,
3-44 company, or organization making the call, and the telephone number
3-45 from which the call was made, provided, however, that if an ADAD is
3-46 used for debt collection purposes and the use complies with
3-47 applicable federal law and regulations, and the ADAD is used by a
3-48 live operator for automatic dialing or hold announcement purposes,
3-49 the use complies with this subdivision;
3-50 (4) the device disconnects from the called person's
3-51 line not later than 30 seconds after the call is terminated by
3-52 either party or, if the device cannot disconnect within that
3-53 period, a live operator introduces the call and receives the oral
3-54 consent of the called person before beginning a prerecorded or
3-55 synthesized voice message;
3-56 (5) the device, when used for solicitation purposes,
3-57 has a message shorter than 30 seconds [one minute] or has the
3-58 technical capacity to recognize a telephone answering device on the
3-59 called person's line and terminates the call within 30 seconds [one
3-60 minute]; and
3-61 (6) for calls terminating in this state, the device is
3-62 not used to make a call:
3-63 (A) before noon or after 9 p.m. on a Sunday or
3-64 before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
3-65 device is used for solicitation; or
3-66 (B) at an hour at which collection calls would
3-67 be prohibited under the federal Fair Debt Collection Practices Act
3-68 (15 U.S.C. Section 1692 et seq.), if the device is used for
3-69 collection purposes.
4-1 SECTION 6. Subsection (e), Section 3.656, Public Utility
4-2 Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil
4-3 Statutes), is amended to read as follows:
4-4 (e) The proceeds of administrative penalties collected under
4-5 this section shall be deposited to the credit of the commission and
4-6 shall be used by the commission to enforce this subtitle [general
4-7 revenue fund].
4-8 SECTION 7. Subtitle O, Public Utility Regulatory Act of 1995
4-9 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended by
4-10 adding Section 3.661 to read as follows:
4-11 Sec. 3.661. EDUCATIONAL PROGRAM. In addition to the notice
4-12 required by Section 3.660 of this Act, the commission shall conduct
4-13 an educational program designed to inform the public of its rights
4-14 under Section 3.659 of this Act and Section 37.02, Business &
4-15 Commerce Code. The educational program shall be directed to all
4-16 residential telephone subscribers and shall be conducted no less
4-17 frequently than annually if funds are available.
4-18 SECTION 8. This Act takes effect September 1, 1997.
4-19 SECTION 9. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.
4-24 * * * * *