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. 1-52 * * * * *