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                                                                  S.B. No. 378




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 other publication or a provider of a 
directory assistance service publishing or providing information 
about another business.
	(e)  This section creates no duty and imposes no obligation 
upon anyone other than the business that is the subject of the 
advertisement or listing.
	(f)  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.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 378 passed the Senate on 
March 13, 2003, by the following vote:  Yeas 30, Nays 0; and that 
the Senate concurred in House amendment on May 9, 2003, by a 
viva-voce vote.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 378 passed the House, with 
amendment, on May 1, 2003, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor