By Driver H.B. No. 2420
76R7552 DWS-D
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 a toll-free
1-18 telephone number that the recipient may call and address to which
1-19 the recipient may write to request that the sender of the
1-20 advertisement not send any additional advertisements to the
1-21 facsimile machine.
1-22 (c) A person to whom a recipient of an advertisement has
1-23 submitted a request under Subsection (b)(2) may not send any
1-24 additional advertisement to that facsimile machine.
2-1 SECTION 2. This Act takes effect September 1, 1999.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.