By Danburg                                            H.B. No. 1729
         76R7111 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to telecommunications bills.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 55, Utilities Code, is
 1-5     amended by adding Section 55.011 to read as follows:
 1-6           Sec. 55.011.  TELECOMMUNICATIONS BILLING.  (a)  It is the
 1-7     policy of this state to ensure that consumers are given adequate
 1-8     and sufficient information about the services and products that
 1-9     they receive in order to make informed choices, eliminate
1-10     confusion, and protect themselves against fraudulent and deceptive
1-11     business practices.
1-12           (b)  A bill for telecommunications products or services must
1-13     include an account summary at the beginning of the bill, and a
1-14     following summary page for each provider must separately identify
1-15     basic service, optional services and features, toll service, and
1-16     long-distance service.  The provider summary pages must also
1-17     include the current status of the customer's services, including
1-18     the customer's presubscribed interstate carrier, intrastate toll
1-19     carrier, and local exchange carrier, and whether carrier freezes or
1-20     other blocking mechanisms have been implemented. The provider
1-21     summary pages may not include an advertisement or charge for a
1-22     product or service other than a telecommunications product or
1-23     service.  The account summary page at the beginning of the bill
1-24     must notify customers of any changes or additions to products or
 2-1     services appearing in the bill.  The provider of a
 2-2     telecommunications product or service shall notify the billing
 2-3     telephone company of a change or addition to a customer's bill.
 2-4     The commission shall allow a billing telephone company to recover
 2-5     from a service provider or billing agent the cost of providing
 2-6     notice of changes or additions to a customer's bill under this
 2-7     section.  In this subsection, "billing agent" and "billing
 2-8     telephone company" have the meanings assigned by Section 55.321.
 2-9           (c)  Each product or service for which a charge is included
2-10     on the bill must be described using plain and unambiguous language.
2-11     A charge may not be identified as "miscellaneous" or described in
2-12     misleading terms.  For each of the products or services, the bill
2-13     must include the name of the provider of the product or service,
2-14     the name of any underlying carrier, and a toll-free number for
2-15     resolving complaints.
2-16           (d)  A provider of a product or service for which a charge is
2-17     included on the bill may not engage in negative option billing or
2-18     negative enrollment of services.
2-19           (e)  A surcharge or line item not specifically authorized by
2-20     federal or state law may not be included on the bill.
2-21           (f)  The commission is granted all necessary jurisdiction to
2-22     adopt rules required by this section and to enforce those rules and
2-23     this section.  The commission may notify or require another person
2-24     to notify customers of their rights under this section.
2-25           SECTION 2.  Section 3.312, Public Utility Regulatory Act of
2-26     1995 (Article 1446c-0, Vernon's Texas Civil Statutes), as added by
2-27     Section 1, Chapter 919, Acts of the 75th Legislature, Regular
 3-1     Session, 1997, is codified as Subchapter K, Chapter 55, Utilities
 3-2     Code, and amended to read as follows:
 3-3          SUBCHAPTER K.  SELECTION OF TELECOMMUNICATIONS UTILITIES
 3-4           Sec. 55.301.  STATE POLICY.  It is the policy of this state
 3-5     to ensure that all customers are protected from the unauthorized
 3-6     switching of a telecommunications utility selected by the customer
 3-7     to provide telecommunications service.
 3-8           Sec. 55.302.  COMMISSION RULES.  (a)  The commission shall
 3-9     adopt nondiscriminatory and competitively neutral rules to
3-10     implement this subchapter, including rules that:
3-11                 (1)  ensure that customers are protected from deceptive
3-12     practices in the obtaining of authorizations and verifications
3-13     required by this subchapter;
3-14                 (2)  are applicable to all local exchange telephone
3-15     services, interexchange telecommunications service, and other
3-16     telecommunications service provided by telecommunications utilities
3-17     in this state;
3-18                 (3)  are consistent with the rules and regulations
3-19     prescribed by the Federal Communications Commission for the
3-20     selection of telecommunications utilities;
3-21                 (4)  permit telecommunications utilities to select any
3-22     method of verification of a carrier-initiated change order
3-23     authorized by Section 55.303;
3-24                 (5)  require telecommunications utilities to maintain
3-25     records relating to a customer-initiated change in accordance with
3-26     Section 55.304;
3-27                 (6)  require the reversal of  certain changes in the
 4-1     selection of a customer's telecommunications utility in accordance
 4-2     with Section 55.305(a);
 4-3                 (7)  prescribe, in accordance with Section 55.305(b),
 4-4     the duties of a telecommunications utility that initiates an
 4-5     unauthorized customer change; and
 4-6                 (8)  provide for corrective action and the imposition
 4-7     of penalties in accordance with Sections 55.306 and 55.307.
 4-8           (b)  The commission is granted all necessary jurisdiction to
 4-9     adopt rules required by this subchapter and to enforce those rules
4-10     and this  subchapter.
4-11           (c)  The commission may notify customers of their rights
4-12     under the rules.
4-13           Sec. 55.303.  VERIFICATION OF CARRIER-INITIATED CHANGE.  (a)
4-14     A telecommunications utility may verify a carrier-initiated change
4-15     order by:
4-16                 (1)  obtaining written authorization from the customer;
4-17                 (2)  obtaining a toll-free electronic authorization
4-18     placed from the telephone number that is the subject of the change
4-19     order; or
4-20                 (3)  an oral authorization obtained by an independent
4-21     third party.
4-22           (b)  In addition to the methods provided by Subsection (a), a
4-23     telecommunications utility may verify a carrier-initiated change
4-24     order by mailing to the customer an information package that is
4-25     consistent with the requirements of 47 C.F.R.  Section 64.1100(d)
4-26     and that contains a postage-prepaid postcard or mailer.  The change
4-27     is considered verified if the telecommunications utility does not
 5-1     receive a cancellation of the change order from the customer within
 5-2     14 days after the date of the mailing.
 5-3           Sec. 55.304.  CUSTOMER-INITIATED CHANGE.  (a)  A
 5-4     telecommunications utility to whom a customer has changed its
 5-5     service on the initiative of the customer shall maintain a record
 5-6     of nonpublic customer-specific information that could be used to
 5-7     establish that the customer authorized the change.
 5-8           (b)  Notwithstanding Subsection (a), if the Federal
 5-9     Communications Commission requires verification, the
5-10     telecommunications utility shall use the verification methods
5-11     required by the Federal Communications Commission.
5-12           Sec. 55.305.  UNAUTHORIZED CHANGE.  (a)  If a change in the
5-13     selection of a customer's telecommunications utility is not made or
5-14     verified in accordance with this subchapter, the change, on request
5-15     by the customer, shall be reversed within a period established by
5-16     commission ruling.
5-17           (b)  A telecommunications utility that initiates an
5-18     unauthorized customer change shall:
5-19                 (1)  pay all usual and customary charges associated
5-20     with returning the customer to its original telecommunications
5-21     utility;
5-22                 (2)  pay the telecommunications utility from which the
5-23     customer was changed any amount paid by the customer that would
5-24     have been paid to that telecommunications utility if the
5-25     unauthorized change had not been made;
5-26                 (3)  return to the customer any amount paid by the
5-27     customer that exceeds the charges that would have been imposed for
 6-1     identical services by the telecommunications utility from which the
 6-2     customer was changed if the unauthorized change had not been made;
 6-3     [and]
 6-4                 (4)  provide to the original telecommunications utility
 6-5     from which the customer was changed all billing records to enable
 6-6     that telecommunications utility to comply with this subchapter; and
 6-7                 (5)  if directed by the commission, pay the customer a
 6-8     penalty of $25 for each violation.
 6-9           (c)  The telecommunications utility from which the customer
6-10     was changed shall provide to the customer all benefits associated
6-11     with the service on receipt of payment for service provided during
6-12     the unauthorized change.
6-13           Sec. 55.306.  CORRECTIVE ACTION AND PENALTIES.  (a)  If the
6-14     commission finds that a telecommunications utility has repeatedly
6-15     violated the commission's telecommunications utility selection
6-16     rules, the commission shall order the utility to take corrective
6-17     action as necessary.  In addition, the utility may be subject to
6-18     administrative penalties under Sections 15.023-15.027.
6-19           (b)  An administrative penalty collected under this section
6-20     shall be used to enforce this subchapter.
6-21           Sec. 55.307.  REPEATED AND RECKLESS VIOLATION.  If the
6-22     commission finds that a telecommunications utility has repeatedly
6-23     and recklessly violated the commission's telecommunications utility
6-24     selection rules, the commission may, if consistent with the public
6-25     interest, suspend, restrict, deny, or revoke the registration or
6-26     certificate, including an amended certificate, of the
6-27     telecommunications utility and, by taking that action, deny the
 7-1     telecommunications utility the right to provide service in this
 7-2     state.
 7-3           Sec. 55.308.  DECEPTIVE OR FRAUDULENT PRACTICE.  The
 7-4     commission may prohibit a utility from engaging in a deceptive or
 7-5     fraudulent practice, including a marketing practice, involving the
 7-6     selection of a customer's telecommunications utility.  The
 7-7     commission may define deceptive and fraudulent practices to which
 7-8     this section applies.
 7-9           SECTION 3.  Chapter 55, Utilities Code, is amended by adding
7-10     Subchapter L to read as follows:
7-11           SUBCHAPTER L.  UNAUTHORIZED CHARGES ON TELEPHONE BILLS
7-12           Sec. 55.321.  DEFINITIONS.  In this subchapter:
7-13                 (1)  "Billing agent" means a person who submits charges
7-14     to a billing telephone company on behalf of a provider of a product
7-15     or service.
7-16                 (2)  "Billing telephone company" means a
7-17     telecommunications utility or telecommunications provider that
7-18     issues a bill directly to a customer for any telecommunications
7-19     product or service.
7-20           Sec. 55.322.  PREVENTION OF UNAUTHORIZED CHARGES.  (a)  A
7-21     provider of a product or service, billing telephone company, or
7-22     billing agent may not charge for a product or service on a
7-23     customer's telephone bill or submit charges for a product or
7-24     service to a billing telephone company for inclusion on a
7-25     customer's telephone bill, unless:
7-26                 (1)  the provider, billing telephone company, or
7-27     billing agent has completely informed the customer of the product
 8-1     or service being offered, including the associated charges, and has
 8-2     explicitly informed the customer that the charge for the product or
 8-3     service will appear on the customer's telephone bill;
 8-4                 (2)  the customer has clearly and explicitly consented
 8-5     to being charged for the product or service on the customer's
 8-6     telephone bill;
 8-7                 (3)  the consent is verified by:
 8-8                       (A)  written authorization from the customer that
 8-9     satisfies Subsection (e);
8-10                       (B)  toll-free electronic authorization placed
8-11     from the telephone number associated with the billing telephone
8-12     company customer's account;
8-13                       (C)  oral authorization obtained by an
8-14     independent third party; or
8-15                       (D)  another method of verification authorized by
8-16     the commission;
8-17                 (4)  the provider, billing telephone company, except a
8-18     billing telephone company billing for its own product or service on
8-19     the bills it issues, or billing agent offering the product or
8-20     service has provided the customer with a toll-free telephone number
8-21     for the customer to call to resolve any billing dispute and to
8-22     receive answers to questions;
8-23                 (5)  the provider has obtained written consent from the
8-24     billing telephone company or billing agent to bill for the product
8-25     or service on the billing telephone company's bill; and
8-26                 (6)  the provider, billing telephone company, or
8-27     billing agent offering the product or service has submitted with
 9-1     the charge for the product or service sufficient information so the
 9-2     provider, billing telephone company, or billing agent can be
 9-3     clearly identified on the customer's telephone bill.
 9-4           (b)  The provider shall retain records of the customer's
 9-5     consent until the first anniversary of the date of the consent and
 9-6     shall, on request, provide a copy of a record to the customer to
 9-7     whom the record relates, the telephone billing company, the
 9-8     commission, and the office of public utility counsel.
 9-9           (c)  The provider shall maintain records under Subsection
9-10     (a)(5) until the first anniversary of the date of permanent
9-11     discontinuation of the billing arrangement.
9-12           (d)  The customer is entitled to an adjustment on the bill,
9-13     including interest if the customer paid an unauthorized charge, or
9-14     the removal of the charges if the provider, billing telephone
9-15     company, or billing agent cannot provide evidence of the customer's
9-16     consent as required by this section.  Telephone service may not be
9-17     interrupted or terminated while the charges are under dispute by
9-18     the customer if the undisputed portion of the bill is paid.  Local
9-19     exchange telephone service may not be interrupted or terminated if
9-20     charges for local exchange service are paid.
9-21           (e)  A written authorization must be a separate document from
9-22     any solicitation material, and the sole purpose of the consent or
9-23     order must be to explain the nature and extent of the transaction.
9-24     The authorization document materials must be unambiguous, legible,
9-25     and in a minimum of 10-point type.  Written or oral solicitation
9-26     materials must be in the same language as the written order or
9-27     written consent.  The authorization document may not be used as an
 10-1    entry form for a sweepstakes, contest, or any other program that
 10-2    offers prizes or gifts.
 10-3          Sec. 55.323.  MISREPRESENTATION OF ASSOCIATION OR
 10-4    AFFILIATION.  A provider of a product or service may not
 10-5    misrepresent its association or affiliation with a billing
 10-6    telephone company when soliciting, inducing, or otherwise
 10-7    implementing the customer's agreement to purchase the product or
 10-8    service.
 10-9          Sec. 55.324.  ENFORCEMENT.  The commission may implement
10-10    penalties and other enforcement actions against a
10-11    telecommunications utility or telecommunications provider under
10-12    Subchapter B, Chapter 15, if the commission finds that the
10-13    telecommunications utility or telecommunications provider has
10-14    violated this subchapter.  The commission may enforce Sections
10-15    15.021, 15.022, 15.023, 15.024, 15.025, 15.026, 15.027, 15.028,
10-16    15.030, 15.031, 15.032, and 15.033 against a provider of a product
10-17    or service or billing agent, as if the provider or billing agent
10-18    were regulated by the commission, if the commission finds that the
10-19    provider or billing agent has violated this subchapter or knowingly
10-20    provided false information to the commission on a matter subject to
10-21    this subchapter.  This subchapter does not grant the commission
10-22    jurisdiction to regulate a provider or billing agent that is not
10-23    otherwise subject to commission regulation, other than as specified
10-24    by this subchapter.
10-25          Sec. 55.325.  TERMINATION OF SERVICES.  The commission may
10-26    order a billing telephone company to terminate the billing and
10-27    collection services for a provider of a product or service or
 11-1    billing agent if the commission finds that the provider or billing
 11-2    agent has violated this subchapter, including failure to respond to
 11-3    a request for information by the commission or the office.  A
 11-4    billing telephone company may act on its own to terminate billing
 11-5    and collection services.
 11-6          Sec. 55.326.  REPORT OF COMPLAINTS; COOPERATION.  (a)  The
 11-7    commission shall establish rules that require each provider of a
 11-8    product or service, billing telephone company, and billing agent to
 11-9    provide the commission and the office with reports of complaints
11-10    made by customers regarding the charges for products and services
11-11    that appear on telephone bills.
11-12          (b)  Each provider, billing telephone company, and billing
11-13    agent shall cooperate with the commission in the commission's
11-14    efforts to enforce this subchapter.
11-15          Sec. 55.327.  LIMITATION ON EFFECT OF SUBCHAPTER.  (a)  This
11-16    subchapter does not apply to customer-initiated services, operator
11-17    services, or other services carried over a telecommunications
11-18    network if the actual dialed digits are displayed on the customer's
11-19    telephone bill, except that recurring charges that arise from use
11-20    of a customer-initiated service are subject to this subchapter.
11-21          (b)  This subchapter does not obligate a billing telephone
11-22    company to provide billing and collection services to a provider of
11-23    a product or service or billing agent.
11-24          Sec. 55.328.  RULES.  The commission shall adopt rules and
11-25    issue orders as necessary to safeguard the rights of consumers and
11-26    to enforce this subchapter, including rules to ensure that charges
11-27    are clearly described on telephone bills.
 12-1          SECTION 4.  Section 52.102, Utilities Code, is amended to
 12-2    read as follows:
 12-3          Sec. 52.102.  LIMITED REGULATORY AUTHORITY.  Except as
 12-4    otherwise provided by this subchapter, Subchapters D, [and] K, and
 12-5    L, Chapter 55, and Section 55.011, the commission has only the
 12-6    following jurisdiction over a telecommunications utility subject to
 12-7    this subchapter:
 12-8                (1)  to require registration under Section 52.103;
 12-9                (2)  to conduct an investigation under Section 52.104;
12-10                (3)  to require the filing of reports as the commission
12-11    periodically directs;
12-12                (4)  to require the maintenance of statewide average
12-13    rates or prices of telecommunications service;
12-14                (5)  to require access to telecommunications service
12-15    under Section 52.105; and
12-16                (6)  to require the quality of telecommunications
12-17    service provided to be adequate under Section 52.106.
12-18          SECTION 5.  Section 15.024(c), Utilities Code, is amended to
12-19    read as follows:
12-20          (c)  A penalty may not be assessed under this section if the
12-21    person against whom the penalty may be assessed remedies the
12-22    violation before the 31st day after the date the person receives
12-23    the notice under Subsection (b).  A person who claims to have
12-24    remedied an alleged violation has the burden of proving to the
12-25    commission that the alleged violation was remedied and was
12-26    accidental or inadvertent.  This subsection does not apply to a
12-27    violation of Subchapter K or L, Chapter 55.
 13-1          SECTION 6.  Nothing in this Act limits the authority of the
 13-2    attorney general.
 13-3          SECTION 7.  Not later than November 1, 1999, the Public
 13-4    Utility Commission of Texas shall adopt nondiscriminatory and
 13-5    competitively neutral rules to implement the changes in law made by
 13-6    Section 2 of this Act.
 13-7          SECTION 8.  (a)  In accordance with Section 311.031(c),
 13-8    Government Code, which gives effect to a substantive amendment
 13-9    enacted by the same legislature that codifies the amended statute,
13-10    the text of Section 52.102, Utilities Code, and Subchapter K,
13-11    Chapter 55, Utilities Code, as set out in this Act, gives effect to
13-12    changes made by Chapter 919, Acts of the 75th Legislature, Regular
13-13    Session, 1997.
13-14          (b)  To the extent of any conflict, this Act controls over
13-15    another Act of the 76th Legislature, Regular Session, 1999,
13-16    relating to nonsubstantive additions and corrections in enacted
13-17    codes.
13-18          SECTION 9.  This Act takes effect September 1, 1999.
13-19          SECTION 10.  The importance of this legislation and the
13-20    crowded condition of the calendars in both houses create an
13-21    emergency and an imperative public necessity that the
13-22    constitutional rule requiring bills to be read on three several
13-23    days in each house be suspended, and this rule is hereby suspended.