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.