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H.B. No. 147
AN ACT
relating to application of the no-call list provisions to
commercial mobile service providers and subscribers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.002(9), Business & Commerce Code, as
added by Chapter 1429, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(9) "Telephone call" means a call or other
transmission which is made to or received at a telephone number,
including:
(A) a call made by an automated telephone dialing
system; [and]
(B) a transmission to a facsimile recording
device; and
(C) a call to a mobile telephone number serviced
by a provider of commercial mobile service, as defined by Section
332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.),
as amended, Federal Communications Commission rules, and the
Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as
amended.
SECTION 2. Section 43.103(a), Business & Commerce Code, as
added by Chapter 1429, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(a) The commission may adopt rules to administer this
subchapter. The commission shall adopt rules:
(1) requiring each local 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 annual inserts in billing
statements mailed to customers, notification in a customer's
electronic bill, notification printed on a customer's paper bill,
notification sent free of charge by messaging service to a
customer's mobile telephone number, or conspicuous publication of
the notice in the consumer information pages of local telephone
directories or other appropriate notice to consumers;
(2) providing that a telemarketing call made to a
number on the Texas no-call list is not a violation of Section
43.102 if the telemarketing call is an isolated occurrence made by a
person who has in place adequate procedures to comply with this
subchapter; and
(3) providing for:
(A) the dissemination of the Texas no-call lists
in formats, including electronic formats, commonly used by persons
making telemarketing calls; and
(B) a fee for each such distribution not to
exceed $75.
SECTION 3. (a) A commercial mobile service provider that
provides commercial mobile service in Texas shall comply with the
rules under Section 43.103, Business & Commerce Code, as added by
Chapter 1429, Acts of the 77th Legislature, Regular Session, 2001,
and as amended by this Act, before October 1, 2003.
(b) The Public Utility Commission of Texas, or the
appropriate private vendor maintaining the Texas no-call list,
shall begin including mobile telephone numbers as required under
Section 43.103, Business & Commerce Code, as added by Chapter 1429,
Acts of the 77th Legislature, Regular Session, 2001, and as amended
by this Act, on the Texas no-call list that is updated and published
on January 1, 2004.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 147 was passed by the House on April
3, 2003, by the following vote: Yeas 141, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 147 was passed by the Senate on May
22, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor