SRC-AMY C.S.H.B. 147 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 147
78R5307 RCJ-DBy: Solomons (Shapleigh)
Business & Commerce
5/1/2003
Engrossed

DIGEST AND PURPOSE 

Currently, under the Texas Telemarketing Disclosure and Privacy Act, a
consumer is allowed to register a non-business number on the Texas no-call
list.  However, the Act does not specifically mention mobile phones, thus
allowing telemarketing calls to be made to citizens' cellular phones. H.B.
147 adds calls made to a mobile telephone number to the definition of a
telemarketing call regulated by the Texas Telemarketing Disclosure and
Privacy Act. 

RULEMAKING AUTHORITY

Ruelmaking authority previously granted to the Public Utility Commission
of Texas is modified in SECTION 2 (Section 43.103, Business & Commerce
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 43.002(9), Business & Commerce Code, to
redefine "telephone call."  Makes nonsubstantive changes. 

SECTION 2.  Amends Section 43.103(a), Business & Commerce Code, to require
the Public Utility Commission of Texas (PUC) to adopt rules requiring each
local phone exchange telephone company and each commercial mobile service
provider that provides commercial mobile service in this state to inform
its customers of the requirements of this subchapter by notification in a
customer's electronic bill, notification printed on a customer's paper
bill, or notification sent free of charge by messaging service to a
customer's mobile telephone number, among other methods. 

SECTION 3.  (a) Requires a commercial mobile service provider providing
commercial mobile service in Texas to comply with rules under Section
43.103, Business & Commerce Code, before October 1, 2003. 

(b) Requires the PUC, or the appropriate private vendor, to include mobile
telephone numbers in the Texas no-call list that is updated and published
on January 1, 2004. 

SECTION 4.  Effective date: upon passage or September 1, 2003.