By:  Brimer, West                                                 S.B. No. 732


A BILL TO BE ENTITLED

AN ACT

relating to discounts or other forms of pricing flexibility for 
telecommunications services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 51.004, Utilities Code, is amended by 
amending Subsection (a) and adding Subsections (c) and (d) to read 
as follows:
	(a)  A discount or other form of pricing flexibility may not 
be:      
		(1)  unreasonably preferential, prejudicial, or
discriminatory; or
		(2)[,] predatory[,] or anticompetitive.
	(c)  This title allows an offer based on a reasonable 
business purpose, including an offer made at any time to a selected 
customer or a group of customers in response to a competitor's offer 
or a former customer's acceptance of a competitor's offer if the 
price of the offer meets the requirements of Section 52.0584, 
58.063, or 59.031.
	(d)  An offer made under Subsection (c) must be made in 
compliance with Chapter 43, Business & Commerce Code, as added by 
Chapter 1429, Acts of the 77th Legislature, Regular Session, 2001.
	SECTION 2.  This Act takes effect September 1, 2003.