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


Senate Research CenterC.S.H.B. 23
76R10656 DWS-FBy: Goolsby (Armbrister)
Economic Development
5/13/1999
Committee Report (Substituted)


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. C.S.H.B. 23 would make certain persons liable for certain
prohibited telephone communications. 

PURPOSE

As proposed, C.S.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 or local exchange accessible 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.