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.