By Nixon                                               S.B. No. 437
         76R4745 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to blocking the receipt of certain calls by telephone
 1-3     solicitors.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter G, Chapter 55, Utilities Code, is
 1-6     amended by adding Section 55.154 to read as follows:
 1-7           Sec. 55.154.  BLOCKING CALLS BY TELEPHONE SOLICITORS.  (a)
 1-8     In this section "telephone solicitor" and "consumer telephone call"
 1-9     have the meanings assigned by Section 37.01, Business & Commerce
1-10     Code.
1-11           (b)  This section applies only to a telephone solicitor that
1-12     the commission determines makes an average of 25 or more consumer
1-13     telephone calls a day.
1-14           (c)  On request of a customer, a local exchange company shall
1-15     block the transmission to the customer of all consumer telephone
1-16     calls from telephone solicitors to which this section applies.
1-17           (d)  The commission shall:
1-18                 (1)  establish technological standards and procedures
1-19     applicable to telephone solicitors and local exchange companies
1-20     under which consumer telephone calls may be identified and blocked
1-21     as provided by this section; and
1-22                 (2)  provide for notice to customers of their rights to
1-23     have consumer telephone calls blocked under this section.
1-24           (e)  A telephone solicitor to which this section applies is
 2-1     considered a person regulated under this title for the purpose of
 2-2     application of the administrative penalty under Section 15.023 to a
 2-3     violation of this section or a rule adopted under this section.
 2-4           SECTION 2.  (a)  The Public Utility Commission of Texas shall
 2-5     establish the procedures required by Section 55.154, Utilities
 2-6     Code, as added by this Act, before January 1, 2000.
 2-7           (b)  The change in law made by this Act applies only to  a
 2-8     consumer telephone call made on or after January 1, 2000.
 2-9           SECTION 3.  This Act takes effect September 1, 1999.
2-10           SECTION 4.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended.