78R7431 JJT-D

By:  Thompson                                                     H.B. No. 1750



A BILL TO BE ENTITLED

AN ACT

relating to disclosure of price information in a written 
advertisement for certain communications services or equipment; 
providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.58 to read as follows:
	Sec. 35.58.  ADVERTISEMENT OF PRICE INFORMATION FOR 
SATELLITE SERVICE OR EQUIPMENT OR WIRELESS TELEPHONE SERVICE OR 
EQUIPMENT. (a)  This section applies to a person who offers to sell 
or provide to another person in this state:
		(1)  satellite service, wireless telephone service, or 
Internet access service provided by use of a wireless telephone; or
		(2)  a wireless telephone, a satellite television 
receiver dish, a satellite television receiver or decoder, or other 
equipment in conjunction with services provided to the other person 
through the equipment.
	(b)  A person described by Subsection (a) may not display or 
publish, or cause to be displayed or published, a written 
advertisement that contains pricing information regarding the 
service and equipment unless the information is printed in at least 
nine-point type.
	(c)  A person who violates this section is liable to the 
state for a civil penalty in an amount not to exceed $2,000 for each 
violation and for each day of a continuing violation.  The attorney 
general or the prosecuting attorney in the county in which the 
violation occurs may bring suit to recover the civil penalty 
imposed under this section.
	(d)  The attorney general may bring an action in the name of 
the state to restrain or enjoin a person from violating this 
section.
	SECTION 2.  Section 35.58, Business & Commerce Code, as 
added by this Act, takes effect September 1, 2003, and applies only 
to a written advertisement published or displayed on or after that 
date.