1-1 By: Armbrister S.B. No. 169 1-2 (In the Senate - Filed January 15, 1999; January 28, 1999, 1-3 read first time and referred to Committee on Economic Development; 1-4 April 23, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; April 23, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 169 By: Jackson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the listing of a business location of certain 1-11 businesses in a telephone directory or database. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter E, Chapter 17, Business & Commerce 1-14 Code, is amended by adding Section 17.462 to read as follows: 1-15 Sec. 17.462. LISTING OF BUSINESS LOCATION IN DIRECTORY OR 1-16 DATABASE. (a) A person may not misrepresent the geographical 1-17 location of a business that derives 50 percent or more of its gross 1-18 income from the sale or arranging for the sale of flowers or floral 1-19 arrangements in the listing of the business in a telephone 1-20 directory or other directory assistance database. 1-21 (b) A person is considered to misrepresent the geographical 1-22 location of a business for purposes of Subsection (a) if the name 1-23 of the business indicates that the business is located in a 1-24 geographical area and: 1-25 (1) the business is not located within the 1-26 geographical area indicated; 1-27 (2) the listing fails to identify the municipality and 1-28 state of the business's geographical location; and 1-29 (3) a telephone call to the local telephone number 1-30 listed in the directory or database routinely is forwarded or 1-31 transferred to a location that is outside the calling area covered 1-32 by the directory or database in which the number is listed. 1-33 (c) A person may place a directory listing for a business 1-34 described by Subsection (a) the name of which indicates that it is 1-35 located in a geographical area that is different from the 1-36 geographical area in which the business is located if a conspicuous 1-37 notice in the listing states the municipality and state in which 1-38 the business is located. 1-39 (d) This section does not apply to a publisher of a 1-40 telephone directory or provider of a directory assistance service 1-41 publishing or providing information about another business. 1-42 (e) A violation of this section is a false, misleading, or 1-43 deceptive act or practice under this subchapter, and any public or 1-44 private right or remedy prescribed by this subchapter may be used 1-45 to enforce this section. 1-46 SECTION 2. This Act takes effect September 1, 1999, and 1-47 applies only to a telephone directory published or directory 1-48 assistance provided on or after that date. A telephone directory 1-49 published or directory assistance provided before September 1, 1-50 1999, is governed by the law as it existed immediately before the 1-51 effective date of this Act, and that law is continued in effect for 1-52 that purpose. 1-53 SECTION 3. The importance of this legislation and the 1-54 crowded condition of the calendars in both houses create an 1-55 emergency and an imperative public necessity that the 1-56 constitutional rule requiring bills to be read on three several 1-57 days in each house be suspended, and this rule is hereby suspended. 1-58 * * * * *