By Barrientos                                          S.B. No. 659
         77R4472 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to regulation of telephone solicitors.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 55.151, Utilities Code, is amended to read
 1-5     as follows:
 1-6           Sec. 55.151.  COMPLIANCE WITH REQUEST NOT TO BE CALLED. (a)
 1-7     A telephone solicitor operating in this state who makes a consumer
 1-8     telephone call subject to Chapter 37 [Section 37.02], Business &
 1-9     Commerce Code, shall implement in-house systems and procedures so
1-10     that every effort is made by the solicitor not to call consumers
1-11     who ask not to be called again by the solicitor.
1-12           (b)  The commission shall [may] enforce this section.
1-13           SECTION 2. Section 55.152, Utilities Code, is amended to read
1-14     as follows:
1-15           Sec. 55.152.  NOTICE TO CONSUMERS. The commission by rule
1-16     shall require a local exchange company or telephone cooperative to:
1-17                 (1)  notify its customers of the provisions of:
1-18                       (A)  Chapter 37, Business & Commerce Code; and
1-19                       (B)  Section 55.151; [and]
1-20                 (2)  notify its customers of the availability of any
1-21     telephone preference service operated by an association
1-22     representing direct marketers, including contact information for
1-23     the association;
1-24                 (3) [(2)]  provide the notice by:
 2-1                       (A)  inserting the notice annually in the billing
 2-2     statement mailed to a customer; and [or]
 2-3                       (B)  publishing the notice in the consumer
 2-4     information pages of its local telephone directory; and
 2-5                 (4)  annually review any statutory references cited in
 2-6     the notices to ensure that they are accurate.
 2-7           SECTION 3. Section 55.153, Utilities Code, is amended to read
 2-8     as follows:
 2-9           Sec. 55.153.  EDUCATIONAL PROGRAM. (a)  In addition to the
2-10     notice required by Section 55.152, the commission shall conduct an
2-11     educational program designed to inform the public of their rights
2-12     under Section 55.151 and Chapter 37 [Section 37.02], Business &
2-13     Commerce Code.
2-14           (b)  The educational program shall be directed to all
2-15     residential telephone subscribers and shall be conducted at least
2-16     annually [if funds are available].
2-17           SECTION 4. This Act takes effect September 1, 2001.