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Amend HB 13 by adding the following appropriately numbered
SECTION and renumbering subsequent SECTIONS accordingly:
SECTION ___. (a) Subchapter A, Chapter 64, Utilities Code,
is amended by adding Section 64.005 to read as follows:
Sec. 64.005. NOTICE REGARDING ACCESS TO EMERGENCY SERVICES.
(a) In this section:
(1)"E911" means the 9-1-1 system as defined by Section
772.001, Health and Safety Code.
(2)"VoIP provider" means an entity that offers VoIP
service for a fee.
(3) "VoIP service" means voice communications to
residential or business customers over a broadband network using
Internet Protocol
(b) A VoIP provider may not enter into a contract to provide
VoIP service unless the entity provides clear and conspicuous
notice to customers disclosing whether or not the service provides
access to E911.
(c) A VoIP provider that does not provide access to E911 or
that requires a customer to take steps to activate access to E911
may not enter into a contract to provide VoIP service unless the
VoIP provider provides:
(1) clear and conspicuous notice of the specific steps
the customer must take to activate that service; and
(2) a clear and conspicuous explanation of all
material differences between E911 service and the provider's system
for accessing emergency services.
(d) The notice required by Subsection (c) must:
(1) be a separate document; and
(2) conspicuously state that the customer
acknowledges that the customer will not be able to use the service
to access E911 or that the customer must separately activate access
to that service to receive it.
(e) At least annually, a VoIP provider shall send to each
customer to whom it provides VoIP service a notice that includes the
information required by Subsection (c). The provider shall provide
the notice as a separate document.
(f) Except as specifically preempted by federal law, the
commission has all jurisdiction necessary to enforce this section.
(g) A violation of this chapter is a false, misleading, or
deceptive act or practice and is actionable by the attorney general
under Subchapter E, Chapter 17, Business & Commerce Code.
(b) This section applies to a contract entered into or
renewed on or after the effective date of this section. A contract
entered into or renewed before that date is governed by the law in
effect on the date the contract was entered into or renewed, and
that law is continued in effect for that purpose.
(c) This section does not affect litigation pending on the
effective date of this section.