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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.