SRC-AMY C.S.S.B. 378 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 378
78R4687 CLG-FBy: Armbrister
Business & Commerce
2-27-2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, Texas law has no provision prohibiting the misrepresentation of
a floral industry business's geographic location. There are a number of
floral telemarketing businesses that falsely advertise in local telephone
directories and listings as a local business and subsequently charge
additional fees when filling the order.  C.S.S.B. 378 prohibits the use of
local contact information in telephone directories or databases to
misrepresent a business's geographic location. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 17E, Business & Commerce Code, by adding
Section 17.462, as follows: 

Sec.  17.462.  LISTING OF BUSINESS LOCATION IN DIRECTORY OR DATABASE. (a)
Prohibits a person from misrepresenting the geographical location of a
business that derives 50 percent or more of its gross income from the sale
or arranging for the sale of flowers or floral arrangements in the listing
in a telephone directory or other directory assistance database. 

(b)  Provides criteria by which a person is considered to have
misrepresented the location of a business for purposes of Subsection (a). 

(c)  Authorizes a person to place a business directory listing indicating
that the business is located in a different geographical area, if a
conspicuous notice in the listing states the municipality and state in
which the business is actually located. 

  (d)  Provides that this section does not apply to certain entities.

(e)  Provides that violation of this section is a false, misleading, or
deceptive act or practice and authorizes remedies to enforce this section. 

SECTION 2.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.


SUMMARY OF COMMITTEE CHANGES

Differs from the original in SECTION 1 (Chapter 17E, Section 17.462(d),
Business & Commerce Code) by including a publisher of a telephone
directory or other publications in the list of entities to which this
section does not apply.