By Driver H.B. No. 2420 Substitute the following for H.B. No. 2420: By Corte C.S.H.B. No. 2420 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an advertisement sent to a facsimile machine. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 37, Business & Commerce Code, is amended 1-5 by adding Section 37.031 to read as follows: 1-6 Sec. 37.031. ADVERTISEMENT SENT TO FACSIMILE MACHINE. (a) 1-7 In this section: 1-8 (1) "Advertisement" means any material advertising 1-9 commercial availability or quality of any property, goods, or 1-10 services. 1-11 (2) "Unsolicited advertisement" means an advertisement 1-12 transmitted to any person without that person's prior express 1-13 invitation or permission. 1-14 (b) A person may not use any telephone facsimile machine, 1-15 computer, or other device to send to a telephone facsimile machine: 1-16 (1) an unsolicited advertisement; or 1-17 (2) an advertisement that does not contain, in at 1-18 least 12-point type, a toll-free telephone number that the 1-19 recipient may call and address to which the recipient may write to 1-20 request that the sender of the advertisement not send any 1-21 additional advertisements to the facsimile machine. 1-22 (c) On receipt of a request from a recipient under 1-23 Subsection (b)(2), the person: 1-24 (1) shall send the recipient a written acknowledgment 2-1 of the recipient's request; and 2-2 (2) may not make or cause to be made a transmission to 2-3 the recipient's facsimile machine, except for a single transmission 2-4 to comply with Subdivision (1). 2-5 (d) A person may not send an advertisement to a telephone 2-6 facsimile machine before 12 noon or after 9 p.m. on a Sunday or 2-7 before 9 a.m. or after 9 p.m. on a weekday or Saturday. 2-8 (e) This section does not apply to: 2-9 (1) an advertisement which the recipient has given 2-10 express written or oral consent to receive; 2-11 (2) an advertisement sent by a trade association to 2-12 its members; 2-13 (3) an advertisement for the sale or lease of real 2-14 estate or other real estate brokerage services sent by a licensed 2-15 real estate broker or salesperson to: 2-16 (A) another real estate broker or salesperson; 2-17 (B) a previous client or customer of the broker 2-18 or salesperson; or 2-19 (C) a prospective buyer, tenant, or lessor of 2-20 real estate who has asked to receive advertisements from the real 2-21 estate broker or salesperson. 2-22 SECTION 2. This Act takes effect September 1, 1999. 2-23 SECTION 3. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended.