By Thompson                                           H.B. No. 1034
         77R1865 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     OR CABLE TELEVISION SERVICE OR EQUIPMENT OR WIRELESS TELEPHONE
1-10     SERVICE OR EQUIPMENT. (a)  This section applies to a person who
1-11     offers to sell or provide to another person in this state:
1-12                 (1)  satellite or cable television service, wireless
1-13     telephone service, or Internet access service provided by use of a
1-14     wireless telephone; or
1-15                 (2)  a wireless telephone, satellite television
1-16     receiver dish, satellite or cable television receiver or decoder,
1-17     or other equipment in conjunction with services provided to the
1-18     other person through the equipment.
1-19           (b)  A person described by Subsection (a) may not display or
1-20     publish, or cause to be displayed or published, a written
1-21     advertisement that contains pricing information regarding the
1-22     service and equipment unless the information is:
1-23                 (1)  printed in at least 11-point type that is
1-24     boldfaced, capitalized, underlined, set within a bordered area, or
 2-1     otherwise conspicuously distinguished from surrounding written
 2-2     material; and
 2-3                 (2)  complete and clear as to the obligation of the
 2-4     prospective consumer regarding any service charges or penalties or
 2-5     equipment charges or penalties the consumer may incur.
 2-6           (c)  A person who violates this section is liable to the
 2-7     state for a civil penalty in an amount not to exceed $1,000 for
 2-8     each violation and for each day of a continuing violation.  The
 2-9     attorney general or the prosecuting attorney in the county in which
2-10     the violation occurs may bring suit to recover the civil penalty
2-11     imposed under this section.
2-12           (d)  The attorney general may bring an action in the name of
2-13     the state to restrain or enjoin a person from violating this
2-14     section.
2-15           SECTION 2. This Act takes effect September 1, 2001, and
2-16     applies to a written advertisement published or displayed on or
2-17     after that date.