By:  Armbrister                                        S.B. No. 366
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to deceptive trade practices regarding the listing of a
 1-3     business location of certain businesses in a telephone directory or
 1-4     database.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter E, Chapter 17, Business & Commerce
 1-7     Code, is amended by adding Section 17.462 to read as follows:
 1-8           Sec. 17.462.  LISTING OF BUSINESS LOCATION IN DIRECTORY OR
 1-9     DATABASE.  (a)  A person may not misrepresent the geographical
1-10     location of a business that derives 50 percent or more of its gross
1-11     income from the sale or arranging for the sale of flowers or floral
1-12     arrangements in the listing of the business in a telephone
1-13     directory or other directory assistance database.
1-14           (b)  A person is considered to misrepresent the geographical
1-15     location of a business for purposes of Subsection (a) if the name
1-16     of the business indicates that the business is located in a
1-17     geographical area and:
1-18                 (1)  the business is not located within the
1-19     geographical area indicated;
1-20                 (2)  the listing fails to identify the municipality and
1-21     state of the business's geographical location; and
1-22                 (3)  a telephone call to the local telephone number
1-23     listed in the directory or database routinely is forwarded or
1-24     transferred to a location that is outside the calling area covered
1-25     by the directory or database in which the number is listed.
 2-1           (c)  A person may place a directory listing for a business
 2-2     described by Subsection (a) the name of which indicates that it is
 2-3     located in a geographical area that is different from the
 2-4     geographical area in which the business is located if a conspicuous
 2-5     notice in the listing states the municipality and state in which
 2-6     the business is located.
 2-7           (d)  This section does not apply to a publisher of a
 2-8     telephone directory or provider of a directory assistance service
 2-9     publishing or providing information about another business.
2-10           (e)  A violation of this section is a false, misleading, or
2-11     deceptive act or practice under this subchapter, and any public or
2-12     private right or remedy prescribed by this subchapter may be used
2-13     to enforce this section.
2-14           SECTION 2.  This Act takes effect September 1, 2001, and
2-15     applies only to a telephone directory published or directory
2-16     assistance provided on or after that date.  A telephone directory
2-17     published or directory assistance provided before September 1,
2-18     2001, is governed by the law as it existed immediately before the
2-19     effective date of this Act, and that law is continued in effect for
2-20     that purpose.