78R4687 CLG-F
By: Kolkhorst H.B. No. 903
A BILL TO BE ENTITLED
AN ACT
relating to the listing of a business location of certain
businesses in a telephone directory or database.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 17, Business & Commerce
Code, is amended by adding Section 17.462 to read as follows:
Sec. 17.462. LISTING OF BUSINESS LOCATION IN DIRECTORY OR
DATABASE. (a) A person may not misrepresent 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 of the business in a telephone
directory or other directory assistance database.
(b) A person is considered to misrepresent the geographical
location of a business for purposes of Subsection (a) if the name of
the business indicates that the business is located in a
geographical area and:
(1) the business is not located within the
geographical area indicated;
(2) the listing fails to identify the municipality and
state of the business's geographical location; and
(3) a telephone call to the local telephone number
listed in the directory or database routinely is forwarded or
transferred to a location that is outside the calling area covered
by the directory or database in which the number is listed.
(c) A person may place a directory listing for a business
described by Subsection (a) the name of which indicates that it is
located in a geographical area that is different from the
geographical area in which the business is located if a conspicuous
notice in the listing states the municipality and state in which the
business is located.
(d) This section does not apply to a publisher of a
telephone directory or provider of a directory assistance service
publishing or providing information about another business.
(e) A violation of this section is a false, misleading, or
deceptive act or practice under this subchapter, and any public or
private right or remedy prescribed by this subchapter may be used to
enforce this section.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to a telephone directory published or directory
assistance provided on or after that date. A telephone directory
published or directory assistance provided before September 1,
2003, is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.