By Thompson H.B. No. 1034 77R10595 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to disclosure of price information in a written 1-3 advertisement for certain communications services or equipment; 1-4 providing a civil penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter D, Chapter 35, Business & Commerce 1-7 Code, is amended by adding Section 35.56 to read as follows: 1-8 Sec. 35.56. ADVERTISEMENT OF PRICE INFORMATION FOR SATELLITE 1-9 SERVICE OR EQUIPMENT OR WIRELESS TELEPHONE SERVICE OR EQUIPMENT. 1-10 (a) This section applies to a person who offers to sell or provide 1-11 to another person in this state: 1-12 (1) satellite service, wireless telephone service, or 1-13 Internet access service provided by use of a wireless telephone; or 1-14 (2) a wireless telephone, satellite television 1-15 receiver dish, satellite television receiver or decoder, or other 1-16 equipment in conjunction with services provided to the other person 1-17 through the equipment. 1-18 (b) A person described by Subsection (a) may not display or 1-19 publish, or cause to be displayed or published, a written 1-20 advertisement that contains pricing information regarding the 1-21 service and equipment unless the information is printed in at least 1-22 eight-point type. 1-23 (c) A person who violates this section is liable to the 1-24 state for a civil penalty in an amount not to exceed $1,000 for 2-1 each violation and for each day of a continuing violation. The 2-2 attorney general or the prosecuting attorney in the county in which 2-3 the violation occurs may bring suit to recover the civil penalty 2-4 imposed under this section. 2-5 (d) The attorney general may bring an action in the name of 2-6 the state to restrain or enjoin a person from violating this 2-7 section. 2-8 SECTION 2. This Act takes effect September 1, 2001, and 2-9 applies to a written advertisement published or displayed on or 2-10 after that date.