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.
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