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.