78R4189 RCJ-D
By: Solomons, Woolley H.B. No. 149
A BILL TO BE ENTITLED
AN ACT
relating to certain privacy protections for consumer information
included in the Texas no-call list.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.101, Business & Commerce Code, as
added by Chapter 1429, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Sec. 43.101. COMMISSION TO ESTABLISH TEXAS NO-CALL LISTS.
(a) The commission shall establish and provide for the operation of
a database to compile a list of names, zip codes [addresses], and
telephone numbers of consumers in this state who object to
receiving unsolicited telemarketing or telephone calls.
(b) The commission may contract with a private vendor to
maintain the Texas no-call list if:
(1) the private vendor has maintained a national
no-call list database for more than two years containing the names
[, addresses,] and telephone numbers of consumers in this state who
have previously requested to be added to the vendor's national
no-call list; and
(2) the contract requires the vendor to publish the
Texas portion of the national no-call list in an electronic format
to any telemarketer who agrees to use the Texas no-call list only
for the purposes of updating the no-call list of that telemarketer
by including in its list persons with whom the telemarketer does not
have an established business relationship.
(c) The Texas no-call list must contain the name[, address,]
and telephone numbers of each consumer in this state who has
requested to be on that list. The Texas no-call list shall be
updated and published on January 1, April 1, July 1, and October 1
of each year. An entry on the Texas no-call list expires on the
third anniversary of the date the entry is first published on the
list. An entry may be renewed for successive three-year periods.
The telephone number of the consumer on the Texas no-call list may
be deleted from the list on the consumer's written request or if the
telephone number of the consumer is changed. The commission may
charge a person a reasonable amount not to exceed $3 for a request
to place a telephone number on the Texas no-call list established by
the commission or to renew an entry on the list. The commission
shall develop and make available a form to be used by customers to
request to be on the Texas no-call list and shall provide a
toll-free telephone number and Internet mail address that persons
may call or write to obtain a copy of the form. A private for-profit
publisher of a residential telephone directory that is distributed
to the public at minimal or no cost shall include in the directory a
prominently displayed toll-free number and Internet mail address
established by the commission through which a person may order a
copy of the form.
SECTION 2. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.141 to read as follows:
Sec. 552.141. EXCEPTION: TEXAS NO-CALL LIST. 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. The Public Utility Commission of Texas shall
adopt rules implementing the changes to the Texas no-call list and
shall delete consumer addresses from the Texas no-call list, as
required by this Act, before October 1, 2003.
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.