76R10656 DWS-F                           
         By Goolsby                                              H.B. No. 23
         Substitute the following for H.B. No. 23:
         By Goolsby                                          C.S.H.B. No. 23
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to liability for certain prohibited telephone
 1-3     communications.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 35.47, Business & Commerce Code, is
 1-6     amended by  amending Subsections (c) and (d) and adding Subsections
 1-7     (e), (f), and (g) to read as follows:
 1-8           (c)  A person may not make or cause to be made a transmission
 1-9     for the purpose of a solicitation or sale to a facsimile recording
1-10     device after 11 p.m. and before 7 a.m.
1-11           (d)  A person who makes or causes to be made a transmission
1-12     to a facsimile recording device for the purpose of a solicitation
1-13     or sale shall include in the document transmitted or on a cover
1-14     page to the document a statement, in at least 12-point type,
1-15     informing the recipient of a toll-free telephone number at which
1-16     the recipient may notify the person not to send any further
1-17     transmissions to one or more telephone numbers specified by the
1-18     recipient.  On receipt of notification from a recipient under this
1-19     subsection, the person:
1-20                 (1)  shall send the recipient a written acknowledgment
1-21     of the recipient's notification; and
1-22                 (2)  may not make or cause to be made a transmission to
1-23     a number specified by the recipient, except for a single
1-24     transmission to comply with Subdivision (1) of this subsection.
 2-1           (e)  On complaint of a called person that Subsection (a),
 2-2     [or] (b), (c), or (d) of this section has been violated, the county
 2-3     or district attorney of the county in which the person resides
 2-4     shall investigate the complaint and file charges if appropriate.  A
 2-5     telephone company serving the caller or called person is not
 2-6     responsible for investigating a complaint or keeping records
 2-7     relating to this section.
 2-8           (f) [(d)]  A person who violates Subsection (a), [or] (b),
 2-9     (c), or (d) of this section commits an offense.  An offense under
2-10     this section is a Class C misdemeanor.
2-11           (g)  A person who receives a communication that violates 47
2-12     U.S.C. Section 227, a regulation adopted under that provision, or
2-13     this section may  bring an action against the person who originates
2-14     the communication in a court of this state for an injunction,
2-15     damages in the amount provided by this subsection, or both.  A
2-16     plaintiff prevailing in an action for damages under this subsection
2-17     is entitled to the greater of $500 for each violation or the
2-18     person's actual damages, except that the court may increase the
2-19     amount of the award to not more than the greater of $1,500 for each
2-20     violation or three times the person's actual damages if the court
2-21     finds that the defendant:
2-22                 (1)  committed the violation knowingly or
2-23     intentionally; or
2-24                 (2)  violated Subsection (c) of this section after the
2-25     defendant received a notification under Subsection (d) of this
2-26     section that prohibited transmissions to the telephone number to
2-27     which the transmission in violation of Subsection (c) of this
 3-1     section was made.
 3-2           SECTION 2.  The change in law made by this Act applies only
 3-3     to  a communication made on or after the effective date of this
 3-4     Act.
 3-5           SECTION 3.  This Act takes effect September 1, 1999.
 3-6           SECTION 4.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.