78R7746 DWS-D

By:  Deshotel                                                     H.B. No. 2047



A BILL TO BE ENTITLED

AN ACT

relating to the transmission of certain unsolicited messages or 
images to a mobile telephone or pager; providing a criminal 
penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 35.47, Business & Commerce Code, is 
amended by adding Subsection (a-1) and amending Subsections (d) and 
(e) to read as follows:
	(a-1)  A person may not make or cause to be made a 
transmission of a text or graphic message or of an image for the 
purpose of a solicitation or sale to a mobile telephone or pager 
number assigned to a resident of this state, unless the person or 
entity receiving the transmission has given, prior to the 
transmission, consent to make or cause to be made the transmission.  
This subsection does not apply to:
		(1)  a transmission made by a person offering mobile 
telephone or pager service, if the person offers the recipient an 
option to not receive further transmissions;
		(2)  a person, or an affiliate of the person, who has an 
established business relationship with the recipient, if the person 
or affiliate offers the recipient an option to not receive further 
transmissions; or
		(3)  an action by a commercial mobile service provider 
that handles or retransmits the message or image, unless the 
provider assists in transmitting a message or image when the 
provider knows or is consciously indifferent to the fact that the 
person or entity sending the message or image is engaged or intends 
to engage in an act that violates this subsection.
	(d)  On complaint of a called person that Subsection (a), 
(a-1), (b), or (c) of this section has been violated, the county or 
district attorney of the county in which the person resides shall 
investigate the complaint and file charges if appropriate.  A 
telephone company serving the caller or called person is not 
responsible for investigating a complaint or keeping records 
relating to this section.
	(e)  A person who violates Subsection (a), (a-1), (b), or (c) 
of this section commits an offense.  An offense under this section 
is a Class C misdemeanor.
	SECTION 2.  The change in law made by this Act applies only 
to a transmission made on or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2003.