SRC-TBR H.B. 1034 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1034
77R10595 JJT-DBy: Thompson (Carona)
Business & Commerce
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Some advertisements for television satellite services or equipment, and
wireless telephone services contain small type or incomplete information
about the costs of services and equipment. This can make it difficult for
an individual to read the information and for the individual to obtain the
accurate pricing information.  H.B. 1034 prohibits a person from displaying
or publishing information regarding the costs of these services or
equipment unless the information is printed in at least eight-point type. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

H.B. 1034 amends the Business & Commerce Code to prohibit a person who
sells or provides to another person in this state a satellite television
service, wireless telephone or wireless telephone service, Internet access
service provided by use of a wireless telephone, a satellite television
receiver dish, a satellite television receiver or decoder, or other
equipment in conjunction with these services from displaying or publishing
information regarding the price for the service and equipment within a
written advertisement unless the price information is printed in at least
eight-point type.  The bill further provides that the information must be
complete and clear regarding service or equipment charges or penalties the
consumer may incur.  A person who violates a provision is liable to the
state for a civil penalty not to exceed $1,000 for each violation and for
each day of a continuing violation.  The bill authorizes the attorney
general or prosecuting attorney in the county in which the violation
occurred to bring suit to recover the civil penalty. The attorney general
may also bring an action in the name of the state to restrain or enjoin a
person from violating this provision.  

EFFECTIVE DATE September 1, 2001.