79S30048 DWS-D

By:  Pena                                                         H.B. No. 12 



A BILL TO BE ENTITLED

AN ACT

relating to privacy of wireless telecommunications customer 
information; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.63 to read as follows:
	Sec. 35.63.  PRIVACY OF WIRELESS TELECOMMUNICATIONS 
CUSTOMER INFORMATION.  (a)  In this section, "wireless 
telecommunications customer information" means any information, 
including consumption and credit information, that is:
		(1)  possessed by a provider of commercial mobile 
service, as defined by Section 332(d), Communications Act of 1934 
(47 U.S.C. Section 151 et seq.), Federal Communications Commission 
rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 
No. 103-66); and
		(2)  identifiable to a specific customer of the 
provider.            
	(b)  A person may not:                                                  
		(1)  sell or otherwise disclose, or attempt to sell or 
otherwise disclose, wireless telecommunications customer 
information without the customer's consent; or
		(2)  obtain or attempt to obtain wireless 
telecommunications customer information by use of fraud or 
misrepresentation.
	(c)  This section does not prohibit:                                    
		(1)  disclosure of wireless telecommunications 
customer information in the manner provided by Subchapter E, 
Chapter 64, Utilities Code, or as specifically provided by other 
law; or
		(2)  the lawful disclosure or obtaining of wireless 
telecommunications customer information by a law enforcement 
agency or an officer or other employee of a law enforcement agency 
in the performance of the agency's or employee's official duties.
	(d)  A person who violates this section is liable to the 
state for a civil penalty of $5,000 for each customer whose 
information is included in the violation.  The attorney general may 
sue to collect the civil penalty.
	SECTION 2.  This Act takes effect September 1, 2006.