SRC-ARR H.B. 23 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 23
76R10656 DWS-FBy: Goolsby (Armbrister)
Technology & Bus. Growth
5/4/1999
Engrossed


DIGEST 

The United States Congress passed the Telephone Consumer Protection Act in
1991, which permits a person who receives a telephone communication in
violation of the Act, to bring a civil cause of action against the person
who initiates the communication, if the laws or rules of court of that
state so allow. H.B. 23 would make certain persons liable for certain
prohibited telephone communications. 

PURPOSE

As proposed, H.B. 23 makes certain persons liable for certain prohibited
telephone communications. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 35.47, Business & Commerce Code, by amending
Subsections (c) and (d) adding Subsections (e), (f), and (g), to prohibit a
person from making or causing to be made a transmission for the purpose of
a solicitation of sale to a facsimile recording device after 11 p.m. and
before 7 a.m. Requires a person who makes or causes to be made a
transmission to a facsimile recording device for the purpose of a
solicitation or sale to include in the document transmitted or on a cover
page to the document a statement, in at least 12-point type, informing the
recipient of a toll-free  number at which the recipient may notify the
person not to send any further transmissions to one or more telephone
numbers specified by the recipient. Requires the person to take certain
action on receipt of notification from a recipient under this subsection.
Requires the county or district attorney of the county in which the person
resides to investigate the complaint and file charges if appropriate, on
complaint of a called person that Subsections (a), (b), (c), or (d) of this
section has been violated. Authorizes a person who receives a communication
that violates 47 U.S.C. Section 227, a regulation adopted under that
provision, or this section, to bring an action against the person who
originates the communication in a court  of this state for an injunction,
damages in the amount provided by this subsection, or both. Provides that a
plaintiff may collect certain fees for damages under this subsection if the
court finds that certain violations have been committed.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.