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. 2-21 COMMITTEE AMENDMENT NO. 1 2-22 Amend S.B. 366 as follows: 2-23 On page 2, line 10, in between the words "A" and "violation" insert 2-24 "knowing" 2-25 Corte