1-1 By: Solomons, Danbury, Woolley, et al. H.B. No. 472
1-2 (Senate Sponsor - Shapleigh)
1-3 (In the Senate - Received from the House April 9, 2001;
1-4 April 9, 2001, read first time and referred to Committee on
1-5 Business and Commerce; May 11, 2001, reported favorably by the
1-6 following vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the regulation of telemarketing solicitation; providing
1-10 penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Title 4, Business & Commerce Code, is amended by
1-13 adding Chapter 43 to read as follows:
1-14 CHAPTER 43. TELEMARKETING
1-15 SUBCHAPTER A. GENERAL PROVISIONS
1-16 Sec. 43.001. SHORT TITLE. This chapter may be cited as the
1-17 Texas Telemarketing Disclosure and Privacy Act.
1-18 Sec. 43.002. DEFINITIONS. In this chapter:
1-19 (1) "Caller identification service" means a service or
1-20 device designed to provide the user of the service or device with
1-21 the telephone number of an incoming telephone call.
1-22 (2) "Commission" means the Public Utility Commission
1-23 of Texas.
1-24 (3) "Consumer good or service" means property of any
1-25 kind that is normally used for personal, family, or household
1-26 purposes. The term does not include a security, as defined by
1-27 Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil
1-28 Statutes).
1-29 (4) "Established business relationship" means a prior
1-30 or existing relationship of a person formed by a voluntary two-way
1-31 communication between a person and a consumer regardless of whether
1-32 consideration is exchanged, regarding consumer goods or services
1-33 offered by the person, that has not been terminated by either
1-34 party.
1-35 (5) "Facsimile recording device" means any device
1-36 capable of receiving a facsimile transmission.
1-37 (6) "Facsimile solicitation" means a telemarketing
1-38 call made by a transmission to a facsimile recording device.
1-39 (7) "Telemarketer" means a person who makes or causes
1-40 to be made a telemarketing call.
1-41 (8) "State licensee" means a person licensed by a
1-42 state agency under a law of this state that requires the person to
1-43 obtain a license as a condition of engaging in a profession or
1-44 business.
1-45 (9) "Telephone call" means a call or other
1-46 transmission which is made to or received at a telephone number,
1-47 including:
1-48 (A) a call made by an automated telephone
1-49 dialing system; and
1-50 (B) a transmission to a facsimile recording
1-51 device.
1-52 Sec. 43.003. TELEMARKETING CALLS GOVERNED BY CHAPTER. (a)
1-53 For the purposes of this chapter, a telemarketing call is an
1-54 unsolicited telephone call made to:
1-55 (1) solicit a sale of a consumer good or service;
1-56 (2) solicit an extension of credit for a consumer good
1-57 or service; or
1-58 (3) obtain information that may be used to solicit a
1-59 sale of a consumer good or service or to extend credit for the
1-60 sale.
1-61 (b) This chapter does not apply to a call made:
1-62 (1) by a consumer that is the result of a solicitation
1-63 by a seller or telemarketer or in response to general media
1-64 advertising by direct mail solicitations that clearly,
2-1 conspicuously, and truthfully make all disclosures required by
2-2 federal or state law;
2-3 (2) in connection with:
2-4 (A) an established business relationship; or
2-5 (B) a business relationship that has been
2-6 terminated, if the call is made before the later of the date the
2-7 first Texas no-call list in which the consumer's telephone number
2-8 appears is published or one year after the date of termination;
2-9 (3) between a telemarketer and a business, other than
2-10 by a facsimile solicitation, unless the business informed the
2-11 telemarketer that the business does not wish to receive
2-12 telemarketing calls from the telemarketer;
2-13 (4) to collect a debt; or
2-14 (5) by a state licensee if:
2-15 (A) the call is not made by an automated
2-16 telephone dialing system;
2-17 (B) the solicited transaction is not completed
2-18 until a face-to-face sales presentation by the seller and the
2-19 consumer is not required to pay or authorize payment until after
2-20 the presentation; and
2-21 (C) the consumer has not informed the
2-22 telemarketer that the consumer does not wish to receive
2-23 telemarketing calls from the telemarketer.
2-24 Sec. 43.004. MAKING TELEMARKETING CALL. In this chapter, a
2-25 person makes a telemarketing call if the person effects a
2-26 telemarketing call on the person's own behalf or on behalf of
2-27 another entity. A person makes a telemarketing call on behalf of
2-28 another entity if, as a result of the telemarketing call, the other
2-29 entity:
2-30 (1) can become entitled to receive money or other
2-31 property of any kind from a sale solicited during the call; or
2-32 (2) can receive information that is obtained during
2-33 the call and that is to be used for the purpose of:
2-34 (A) extending or offering to extend credit for a
2-35 consumer good or service to the person solicited; or
2-36 (B) directly soliciting a sale of a consumer
2-37 good or service or extending credit for the sale.
2-38 Sec. 43.005. CONSTRUCTION AND APPLICATION. This chapter
2-39 shall be liberally construed and applied to promote its underlying
2-40 purpose to protect the public against false, misleading, abusive,
2-41 or deceptive practices in the telemarketing business.
2-42 Sec. 43.006. WAIVER PROHIBITED. An attempted waiver of a
2-43 provision of this chapter is void.
2-44 (Sections 43.007-43.050 reserved for expansion
2-45 SUBCHAPTER B. CALLER IDENTIFICATION
2-46 Sec. 43.051. PROHIBITION ON INTERFERENCE WITH CALLER
2-47 IDENTIFICATION SERVICE. (a) A telemarketer may not, in making a
2-48 telemarketing call, block the identity of the telephone number from
2-49 which the telephone call is made to evade devices designed to
2-50 identify telephone callers.
2-51 (b) A telemarketer may not:
2-52 (1) interfere with or circumvent the capability of a
2-53 caller identification service to access or provide to the recipient
2-54 of the telemarketing call any information regarding the call that
2-55 the service is capable of providing; and
2-56 (2) fail to provide caller identification information
2-57 in a manner that is accessible by a caller identification service,
2-58 if the person has capability to provide the information in that
2-59 manner.
2-60 (c) For purposes of this section, the use of
2-61 telecommunications service or equipment that is incapable of
2-62 transmitting caller identification information does not of itself
2-63 constitute interference with or circumvention of the capability of
2-64 a caller identification service to access or provide the
2-65 information.
2-66 Sec. 43.052. ENFORCEMENT; PENALTIES. (a) Except as provided
2-67 by Subsection (c), the commission shall receive and investigate
2-68 complaints concerning violations of this subchapter and may assess
2-69 an administrative penalty not to exceed $1,000 for each violation.
3-1 If the complaint alleges that the person violating this subchapter
3-2 is a telecommunications provider, as defined by Section 51.002,
3-3 Utilities Code, the commission has exclusive jurisdiction over the
3-4 violation alleged in the complaint, notwithstanding Subsection (b).
3-5 (b) Except as provided by Subsection (c), the attorney
3-6 general may investigate violations of this subchapter and file
3-7 civil enforcement actions seeking injunctive relief, attorney's
3-8 fees, and civil penalties in an amount not to exceed $1,000 for
3-9 each violation. If the court finds the defendant wilfully or
3-10 knowingly violated this subchapter, the court may increase the
3-11 amount of the civil penalties to an amount not to exceed $3,000 for
3-12 each violation. A violation of this subchapter is subject to
3-13 enforcement action by the attorney general's consumer protection
3-14 division under Sections 17.47, 17.58, 17.60, and 17.61.
3-15 (c) A state agency that issues a license to a state licensee
3-16 may receive and investigate complaints concerning violations of
3-17 this subchapter by the state licensee, may assess an administrative
3-18 penalty not to exceed $1,000 for each violation, and may order
3-19 restitution of any monetary damages of the complainant. In
3-20 addition, if the agency finds that the licensee wilfully or
3-21 knowingly violated this subchapter, the agency may suspend or
3-22 revoke the state licensee's license.
3-23 (d) Venue for an action under this subchapter is in Travis
3-24 County.
3-25 (Sections 43.053-43.100 reserved for expansion
3-26 SUBCHAPTER C. TEXAS NO-CALL LIST
3-27 Sec. 43.101. COMMISSION TO ESTABLISH TEXAS NO-CALL LISTS.
3-28 (a) The commission shall establish and provide for the operation
3-29 of a database to compile a list of names, addresses, and telephone
3-30 numbers of consumers in this state who object to receiving
3-31 unsolicited telemarketing or telephone calls.
3-32 (b) The commission may contract with a private vendor to
3-33 maintain the Texas no-call list if:
3-34 (1) the private vendor has maintained a national
3-35 no-call list database for more than two years containing the names,
3-36 addresses, and telephone numbers of consumers in this state who
3-37 have previously requested to be added to the vendor's national
3-38 no-call list; and
3-39 (2) the contract requires the vendor to publish the
3-40 Texas portion of the national no-call list in an electronic format
3-41 to any telemarketer who agrees to use the Texas no-call list only
3-42 for the purposes of updating the no-call list of that telemarketer
3-43 by including in its list persons with whom the telemarketer does
3-44 not have an established business relationship.
3-45 (c) The Texas no-call list must contain the name, address,
3-46 and telephone numbers of each consumer in this state who has
3-47 requested to be on that list. The Texas no-call list shall be
3-48 updated and published on January 1, April 1, July 1, and October 1
3-49 of each year. An entry on the Texas no-call list expires on the
3-50 third anniversary of the date the entry is first published on the
3-51 list. An entry may be renewed for successive three-year periods.
3-52 The telephone number of the consumer on the Texas no-call list may
3-53 be deleted from the list on the consumer's written request or if
3-54 the telephone number of the consumer is changed. The commission
3-55 may charge a person a reasonable amount not to exceed $3 for a
3-56 request to place a telephone number on the Texas no-call list
3-57 established by the commission or to renew an entry on the list.
3-58 The commission shall develop and make available a form to be used
3-59 by customers to request to be on the Texas no-call list and shall
3-60 provide a toll-free telephone number and Internet mail address that
3-61 persons may call or write to obtain a copy of the form. A private
3-62 for-profit publisher of a residential telephone directory that is
3-63 distributed to the public at minimal or no cost shall include in
3-64 the directory a prominently displayed toll-free number and Internet
3-65 mail address established by the commission through which a person
3-66 may order a copy of the form.
3-67 Sec. 43.102. TELEMARKETING OF PERSONS ON TEXAS NO-CALL LIST;
3-68 ENFORCEMENT; PENALTIES. (a) A telemarketer may not make a
3-69 telemarketing call to a telephone number that has been published on
4-1 the Texas no-call list more than 60 days after the telephone number
4-2 appears on the then-current list.
4-3 (b) Except as provided by Subsection (d), the commission
4-4 shall receive and investigate complaints concerning violations of
4-5 this subchapter and may assess an administrative penalty not to
4-6 exceed $1,000 for each violation. If the complaint alleges that
4-7 the person violating this subchapter is a telecommunications
4-8 provider, as defined by Section 51.002, Utilities Code, the
4-9 commission has exclusive jurisdiction, notwithstanding Subsection
4-10 (c), over the violation alleged in the complaint, except that this
4-11 does not affect the right of a consumer to bring an action under
4-12 Subsection (f).
4-13 (c) Except as provided in Subsection (d), the attorney
4-14 general may investigate violations of this subchapter and file
4-15 civil enforcement actions seeking injunctive relief, attorney's
4-16 fees, and civil penalties in an amount not to exceed $1,000 for
4-17 each violation. If the court finds the defendant wilfully or
4-18 knowingly violated this subchapter, the court may increase the
4-19 amount of the civil penalties to an amount not to exceed $3,000 for
4-20 each violation. A violation of this subchapter is subject to
4-21 enforcement action by the attorney general's consumer protection
4-22 division under Sections 17.47, 17.58, 17.60, and 17.61.
4-23 (d) A state agency that issues a license to a state licensee
4-24 shall receive and investigate complaints concerning violations of
4-25 this subchapter by the state licensee, may assess an administrative
4-26 penalty not to exceed $1,000 for each violation, and may order
4-27 restitution of any monetary damages of the complainant. In
4-28 addition, if the agency finds that the licensee wilfully or
4-29 knowingly violated this subchapter, the agency may suspend or
4-30 revoke the state licensee's license.
4-31 (e) Venue for an action based on a violation of this
4-32 subchapter is in the county where the telemarketing call was made
4-33 or received, or if brought by the attorney general, commission, or
4-34 a state agency, in Travis County.
4-35 (f) For purposes of this subchapter, a consumer on the Texas
4-36 no-call list is presumed to be adversely affected by a telemarketer
4-37 who calls the consumer more than once and may bring a civil action
4-38 based on the second or a subsequent violation of this subchapter
4-39 if:
4-40 (1) the consumer has notified the telemarketer of the
4-41 alleged violation and not later than the 30th day after the date of
4-42 the call files a verified complaint setting forth the relevant
4-43 facts surrounding the violation with the commission, the attorney
4-44 general, or a state agency that licenses the person making the
4-45 call; and
4-46 (2) the commission, attorney general, or state agency
4-47 receiving the complaint fails to initiate an administrative action
4-48 or a civil enforcement action, as appropriate, against the
4-49 telemarketer named in the complaint before the 121st day after the
4-50 date the complaint is filed.
4-51 (g) If the consumer brings an action based on violation of
4-52 this section and the court finds that the defendant wilfully or
4-53 knowingly violated this section, the court may award damages in an
4-54 amount not to exceed $500 for each violation.
4-55 Sec. 43.103. RULES; CUSTOMER INFORMATION; ISOLATED
4-56 VIOLATION. (a) The commission may adopt rules to administer this
4-57 subchapter. The commission shall adopt rules:
4-58 (1) requiring each local exchange telephone company to
4-59 inform its customers of the requirements of this subchapter by
4-60 annual inserts in billing statements mailed to customers or
4-61 conspicuous publication of the notice in the consumer information
4-62 pages of local telephone directories or other appropriate notice to
4-63 consumers;
4-64 (2) providing that a telemarketing call made to a
4-65 number on the Texas no-call list is not a violation of Section
4-66 43.102 if the telemarketing call is an isolated occurrence made by
4-67 a person who has in place adequate procedures to comply with this
4-68 subchapter; and
4-69 (3) providing for:
5-1 (A) the dissemination of the Texas no-call lists
5-2 in formats, including electronic formats, commonly used by persons
5-3 making telemarketing calls; and
5-4 (B) a fee for each such distribution not to
5-5 exceed $75.
5-6 (b) In addition to requiring the notice under Subsection
5-7 (a)(1), the commission may conduct educational programs designed to
5-8 inform the public of their rights and telemarketers of their
5-9 obligations under this subchapter.
5-10 Sec. 43.104. ASSISTANCE OF DEPARTMENT OF INFORMATION
5-11 RESOURCES. On request of the commission, the Department of
5-12 Information Resources shall assist the commission in administering
5-13 this subchapter.
5-14 (Sections 43.105-43.150 reserved for expansion
5-15 SUBCHAPTER D. FACSIMILE TRANSMISSIONS
5-16 Sec. 43.151. NOTICE IN FACSIMILE SOLICITATION. In addition
5-17 to the technical and procedural standards of federal statutes or
5-18 regulations regarding telephone facsimile machines and
5-19 transmissions, a person in this state who makes or causes to be
5-20 made a facsimile solicitation shall include in the document
5-21 transmitted or on a cover page to the document a statement, in at
5-22 least 12-point type, stating:
5-23 (1) the correct and complete name of the person making
5-24 the facsimile solicitation and street address of the location of
5-25 the person's place of business; and
5-26 (2) a toll-free or local exchange accessible telephone
5-27 number of the person that:
5-28 (A) is answered in the order in which calls are
5-29 received by an individual capable of responding to inquiries from
5-30 recipients of facsimile solicitations at all times after 9 a.m. and
5-31 before 5 p.m. on each day except Saturday and Sunday; or
5-32 (B) automatically and immediately deletes the
5-33 specified telephone number of the recipient.
5-34 Sec. 43.152. ACKNOWLEDGMENT REQUIRED; TRANSMISSION
5-35 PROHIBITED. On receipt of oral or written notification from a
5-36 recipient of a facsimile solicitation not to send any further
5-37 facsimile transmissions to one or more telephone numbers specified
5-38 by the recipient, the person making the facsimile solicitation:
5-39 (1) shall within 24 hours send the recipient a written
5-40 acknowledgment of the recipient's notification; and
5-41 (2) may not make or cause to be made a transmission to
5-42 a telephone number specified by the recipient, except for a single
5-43 transmission to comply with Subdivision (1).
5-44 Sec. 42.153. ENFORCEMENT; PENALTIES. (a) Except as provided
5-45 by Subsection (c), the commission shall receive and investigate
5-46 complaints concerning violations of this subchapter and may assess
5-47 an administrative penalty not to exceed $1,000 for each violation.
5-48 If the complaint alleges that the person violating this subchapter
5-49 is a telecommunications provider, as defined by Section 51.002,
5-50 Utilities Code, the commission has exclusive jurisdiction,
5-51 notwithstanding Subsection (b), over the violation alleged in the
5-52 complaint, except that this does not affect the right of a consumer
5-53 to bring an action under Subsection (e).
5-54 (b) Except as provided by Subsection (c), the attorney
5-55 general may investigate violations of this subchapter and file
5-56 civil enforcement actions seeking injunctive relief, attorney's
5-57 fees, and civil penalties in an amount not to exceed $1,000 for
5-58 each violation. If the court finds the defendant wilfully or
5-59 knowingly violated this subchapter, the court may increase the
5-60 amount of the civil penalties to an amount not to exceed $3,000 for
5-61 each violation. A violation of this subchapter is subject to
5-62 enforcement action by the attorney general's consumer protection
5-63 division under Sections 17.47, 17.58, 17.60, and 17.61.
5-64 (c) A state agency that issues a license to a state licensee
5-65 shall receive and investigate complaints concerning violations of
5-66 this subchapter by the state licensee and may assess an
5-67 administrative penalty not to exceed $1,000 for each violation. In
5-68 addition, if the agency finds that the licensee wilfully or
5-69 knowingly violated this subchapter, the agency may suspend or
6-1 revoke the state licensee's license.
6-2 (d) Venue for an action based on a violation under this
6-3 subchapter is in the county where the telemarketing call was made
6-4 or received, or if brought by the attorney general, commission, or
6-5 a state agency, in Travis County.
6-6 (e) A person may bring a private right of action based on a
6-7 violation of this subchapter:
6-8 (1) to enjoin the violation; and
6-9 (2) for damages in an amount equal to the greater of:
6-10 (A) the person's actual monetary loss from the
6-11 violation; or
6-12 (B) $500 for each violation; or
6-13 (C) for both an injunction and damages.
6-14 (f) If the court finds that the defendant wilfully or
6-15 knowingly violated this section, the court may increase the amount
6-16 of the award to an amount equal to not more than three times the
6-17 amount available under Subsection (e)(2).
6-18 (Sections 43.154-43.200 reserved for expansion
6-19 SUBCHAPTER E. REGULATORY REPORTS
6-20 Sec. 43.201. REPORT BY COMMISSION. Before December 31 of
6-21 each even-numbered year, the commission shall submit a report to
6-22 the lieutenant governor and speaker of the house of
6-23 representatives. The report must contain for the two-year period
6-24 ending August 31 of the year of the report:
6-25 (1) a statement of the number of telephone numbers
6-26 included on the Texas no-call list, the number of no-call lists
6-27 distributed, and the amount collected for those requests and for
6-28 distribution;
6-29 (2) a list of complaints received by the commission
6-30 concerning activities regulated by this chapter, itemized by type;
6-31 (3) a summary of any enforcement efforts made by the
6-32 commission; and
6-33 (4) the commission's recommendations for any changes
6-34 in this chapter.
6-35 Sec. 43.202. REPORT BY ATTORNEY GENERAL. Before December 31
6-36 of each even-numbered year, the attorney general shall submit a
6-37 report to the lieutenant governor and speaker of the house of
6-38 representatives. The report must contain for the two-year period
6-39 ending August 31 of the year of the report:
6-40 (1) a list of complaints received by the attorney
6-41 general concerning activities regulated by this chapter, itemized
6-42 by type;
6-43 (2) a summary of any enforcement efforts made by the
6-44 attorney general; and
6-45 (3) the attorney general's recommendations for any
6-46 changes in this chapter.
6-47 (Sections 43.203-43.250 reserved for expansion
6-48 SUBCHAPTER F. PROVISIONS
6-49 APPLICABLE TO ADMINISTRATIVE PENALTIES
6-50 Sec. 43.251. DETERMINATION OF AMOUNT. The amount of an
6-51 administrative penalty imposed under this chapter shall be based
6-52 on:
6-53 (1) the seriousness of the violation, including the
6-54 nature, circumstances, extent, and gravity of the violation;
6-55 (2) the history of previous violations;
6-56 (3) the amount necessary to deter a future violation;
6-57 (4) efforts to correct the violation; and
6-58 (5) any other matter that justice may require.
6-59 Sec. 43.252. STAY OF PENALTY. The enforcement of the penalty
6-60 may be stayed during the time the order is under judicial review if
6-61 the person pays the penalty to the clerk of the court or files a
6-62 supersedeas bond with the court in the amount of the penalty. A
6-63 person who cannot afford to pay the penalty or file the bond may
6-64 stay the enforcement by filing an affidavit in the manner required
6-65 by the Texas Rules of Civil Procedure for a party who cannot afford
6-66 to file security for costs, subject to the right to contest the
6-67 affidavit as provided by those rules.
6-68 Sec. 43.253. CONTESTED CASE. A proceeding to impose the
6-69 penalty is considered to be a contested case under Chapter 2001,
7-1 Government Code.
7-2 SECTION 2. Sections 35.47(d)-(g), Business & Commerce Code,
7-3 are amended to read as follows:
7-4 (d) [A person who makes or causes to be made a transmission
7-5 to a facsimile recording device for the purpose of a solicitation
7-6 or sale shall include in the document transmitted or on a cover
7-7 page to the document a statement, in at least 12-point type,
7-8 informing the recipient of a toll-free or local exchange accessible
7-9 telephone number at which the recipient may notify the person not
7-10 to send any further transmissions to one or more telephone numbers
7-11 specified by the recipient. On receipt of notification from a
7-12 recipient under this subsection, the person:]
7-13 [(1) shall within 24 hours send the recipient a
7-14 written acknowledgment of the recipient's notification; and]
7-15 [(2) may not make or cause to be made a transmission
7-16 to a number specified by the recipient, except for a single
7-17 transmission to comply with Subdivision (1) of this subsection.]
7-18 [(e)] On complaint of a called person that Subsection (a),
7-19 (b), or (c)[, or (d)] of this section has been violated, the county
7-20 or district attorney of the county in which the person resides
7-21 shall investigate the complaint and file charges if appropriate. A
7-22 telephone company serving the caller or called person is not
7-23 responsible for investigating a complaint or keeping records
7-24 relating to this section.
7-25 (e) [(f)] A person who violates Subsection (a), (b), or
7-26 (c)[, or (d)] of this section commits an offense. An offense under
7-27 this section is a Class C misdemeanor.
7-28 (f) [(g)] A person who receives a communication that
7-29 violates 47 U.S.C. Section 227, a regulation adopted under that
7-30 provision, or this section may bring an action against the person
7-31 who originates the communication in a court of this state for an
7-32 injunction, damages in the amount provided by this subsection, or
7-33 both. A plaintiff prevailing in an action for damages under this
7-34 subsection is entitled to the greater of $500 for each violation or
7-35 the person's actual damages, except that the court may increase the
7-36 amount of the award to not more than the greater of $1,500 for each
7-37 violation or three times the person's actual damages if the court
7-38 finds that the defendant[:]
7-39 [(1)] committed the violation knowingly or
7-40 intentionally[; or]
7-41 [(2) violated Subsection (c) of this section after the
7-42 defendant received a notification under Subsection (d) of this
7-43 section that prohibited transmissions to the telephone number to
7-44 which the transmission in violation of Subsection (c) of this
7-45 section was made].
7-46 SECTION 3. Section 55.1065 and Subchapter G, Chapter 55,
7-47 Utilities Code, are repealed.
7-48 SECTION 4. The Public Utility Commission of Texas shall adopt
7-49 rules required by Section 43.103, Business & Commerce Code, as
7-50 added by this Act, before July 1, 2002.
7-51 SECTION 5. This Act takes effect January 1, 2002, except that
7-52 Section 3 of this Act takes effect immediately if this Act receives
7-53 a vote of two-thirds of all the members elected to each house, as
7-54 provided by Section 39, Article III, Texas Constitution. If this
7-55 Act does not receive the vote necessary for immediate effect,
7-56 Section 3 of this Act takes effect September 1, 2001.
7-57 * * * * *