By: Armbrister S.B. No. 169 A BILL TO BE ENTITLED AN ACT 1-1 relating to the listing of a business location of certain 1-2 businesses in a telephone directory or database. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter E, Chapter 17, Business & Commerce 1-5 Code, is amended by adding Section 17.462 to read as follows: 1-6 Sec. 17.462. LISTING OF BUSINESS LOCATION IN DIRECTORY OR 1-7 DATABASE. (a) A person may not misrepresent the geographical 1-8 location of a business that derives 50 percent or more of its gross 1-9 income from the sale or arranging for the sale of flowers or floral 1-10 arrangements in the listing of the business in a telephone 1-11 directory or other directory assistance database. 1-12 (b) A person is considered to misrepresent the geographical 1-13 location of a business for purposes of Subsection (a) if the name 1-14 of the business indicates that the business is located in a 1-15 geographical area and: 1-16 (1) the business is not located within the 1-17 geographical area indicated; 1-18 (2) the listing fails to identify the municipality and 1-19 state of the business's geographical location; and 1-20 (3) a telephone call to the local telephone number 1-21 listed in the directory or database routinely is forwarded or 1-22 transferred to a location that is outside the calling area covered 1-23 by the directory or database in which the number is listed. 1-24 (c) A person may place a directory listing for a business 2-1 described by Subsection (a) the name of which indicates that it is 2-2 located in a geographical area that is different from the 2-3 geographical area in which the business is located if a conspicuous 2-4 notice in the listing states the municipality and state in which 2-5 the business is located. 2-6 (d) This section does not apply to a publisher of a 2-7 telephone directory or provider of a directory assistance service 2-8 publishing or providing information about another business. 2-9 (e) A violation of this section is a false, misleading, or 2-10 deceptive act or practice under this subchapter, and any public or 2-11 private right or remedy prescribed by this subchapter may be used 2-12 to enforce this section. 2-13 SECTION 2. This Act takes effect September 1, 1999, and 2-14 applies only to a telephone directory published or directory 2-15 assistance provided on or after that date. A telephone directory 2-16 published or directory assistance provided before September 1, 2-17 1999, is governed by the law as it existed immediately before the 2-18 effective date of this Act, and that law is continued in effect for 2-19 that purpose. 2-20 SECTION 3. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.