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.