H.B. No. 149




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.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 149 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. 149 was passed by the Senate on May 
22, 2003, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor