Amend CSHB 789 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)  As used in this section:
		(1)  The term "VoIP service" means voice communications 
to residential or business customers over a broadband network using 
Internet Protocol;
		(2)  The term "VoIP provider" means an entity that 
offers VoIP service for a fee;
		(3)  The term "E911" refers to the system for processing 
emergency calls as defined in Texas Health & Safety Code 772.001, as 
may be subsequently amended.
	(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 which does not provide access to E911 or 
which 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 clear and conspicuous notice of the 
following:
		(1)  the specific steps the customer must take to 
activate that service; and
		(2)  an 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 in order 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 entity 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.  
In addition, 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 and 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.