1-1     By:  Armbrister                                        S.B. No. 366
 1-2           (In the Senate - Filed January 24, 2001; January 25, 2001,
 1-3     read first time and referred to Committee on Business and Commerce;
 1-4     March 8, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to deceptive trade practices regarding the listing of a
 1-9     business location of certain businesses in a telephone directory or
1-10     database.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter E, Chapter 17, Business & Commerce
1-13     Code, is amended by adding Section 17.462 to read as follows:
1-14           Sec. 17.462.  LISTING OF BUSINESS LOCATION IN DIRECTORY OR
1-15     DATABASE.  (a)  A person may not misrepresent the geographical
1-16     location of a business that derives 50 percent or more of its gross
1-17     income from the sale or arranging for the sale of flowers or floral
1-18     arrangements in the listing of the business in a telephone
1-19     directory or other directory assistance database.
1-20           (b)  A person is considered to misrepresent the geographical
1-21     location of a business for purposes of Subsection (a) if the name
1-22     of the business indicates that the business is located in a
1-23     geographical area and:
1-24                 (1)  the business is not located within the
1-25     geographical area indicated;
1-26                 (2)  the listing fails to identify the municipality and
1-27     state of the business's geographical location; and
1-28                 (3)  a telephone call to the local telephone number
1-29     listed in the directory or database routinely is forwarded or
1-30     transferred to a location that is outside the calling area covered
1-31     by the directory or database in which the number is listed.
1-32           (c)  A person may place a directory listing for a business
1-33     described by Subsection (a) the name of which indicates that it is
1-34     located in a geographical area that is different from the
1-35     geographical area in which the business is located if a conspicuous
1-36     notice in the listing states the municipality and state in which
1-37     the business is located.
1-38           (d)  This section does not apply to a publisher of a
1-39     telephone directory or provider of a directory assistance service
1-40     publishing or providing information about another business.
1-41           (e)  A violation of this section is a false, misleading, or
1-42     deceptive act or practice under this subchapter, and any public or
1-43     private right or remedy prescribed by this subchapter may be used
1-44     to enforce this section.
1-45           SECTION 2.  This Act takes effect September 1, 2001, and
1-46     applies only to a telephone directory published or directory
1-47     assistance provided on or after that date.  A telephone directory
1-48     published or directory assistance provided before September 1,
1-49     2001, is governed by the law as it existed immediately before the
1-50     effective date of this Act, and that law is continued in effect for
1-51     that purpose.
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