SRC-LBB H.B. 149 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 149
78R4189 RCJ-DBy: Solomons (Shapleigh)
Business & Commerce
5/2/2003
Engrossed


DIGEST AND PURPOSE 

Currently, under the Texas Telemarketing Disclosure and Privacy Act, the
Public Utility Commission (PUC) or a third party vendor contracted by the
PUC collects the names, addresses, and telephone numbers of consumers on
the no-call list.  H.B. 149 deletes the requirement that full addresses be
collected from consumers registering on the Texas no-call list and
provides that the PUC collect zip codes in the no-call list database. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Public Utility Commission
of Texas in SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 43.101, Business & Commerce Code, as added by
Chapter 1429, Acts of the 77th Legislature, Regular Session, 2001, as
follows: 

Sec. 43.101.  COMMISSION TO ESTABLISH TEXAS NO-CALL LISTS.  (a)  Includes
the term "zip codes" and deletes the term "addresses"  in relation to the
no-call list. 

  (b)  Makes a conforming change. 

  (c)  Makes a conforming change.

SECTION 2.  Amends Subchapter C, Chapter 552, Government Code, by adding
Section 552.141,as follows: 

Sec. 552.141.  EXCEPTION: TEXAS NO-CALL LIST.  Provides that the Texas
no-call list created under Subchapter C, Chapter 43, Business & Commerce
Code, as added by Chapter 1429, Acts of the 77th Legislature, Regular
Session, 2001, is excepted from the requirements of Section 552.021. 

SECTION 3.  Requires the Public Utility Commission to adopt rules
implementing the changes to the Texas no-call list and to delete consumer
addresses from the Texas no-call list, as required by this Act, before
October 1, 2003. 

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