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


C.S.H.B. 147
By: Solomons
Business & Industry
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
Under the Texas Telemarketing and Disclosure and Privacy Act, a consumer
is allowed to register a non-business number on the Texas No-Call List.
While the Act does not specifically mention mobile phones, citizens are
receiving more and more telemarketing calls to their cellular phones. In
November 2002, the Federal Communications Commission allowed consumers to
transfer their landline number to a mobile telephone, further increasing
the likelihood of telemarketing to mobile numbers. House Bill 147 would
clarify that the definition of a telemarketing call regulated by the Act
would include a call to a mobile telephone number. 



RULEMAKING AUTHORITY
It is the committee's opinion that this bill does grant additional
rulemaking authority to the Public Utility Commission, Section 2 (a). 
     


ANALYSIS
House Bill 147 amends the Business and Commerce Code to add calls made to
a mobile telephone number to the definition of a telemarketing call
regulated by the Texas Telemarketing and Disclosure and Privacy Act. 

The Texas Telemarketing and Disclosure and Privacy Act also requires local
exchange telephone companies to inform their customers of the Texas
No-Call list with annual billing inserts or notices in the local
directories. It also requires commercial mobile service providers that
provide service in this state to also provide their customers with
informational notices of the No-Call List annually. 



EFFECTIVE DATE
This Act takes effect immediately if it receives a vote of two-thirds of
all members elected to each house, as provided by Section 39, Article III,
Texas Constitution.  If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003. 



COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 147 differs from the original by adding methods by which the
local exchange telephone companies and mobile service providers can alert
their customers of the Texas No-Call List annually. Additional methods
include notice on electronic billing, notification on a paper bill, or
text messaging that is free to the customer.