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Amend CSSB 327 (House Committee Printing) as follows:
(1) In SECTION 1 of the bill, at the end of added Section 48.003, Business & Commerce Code (page 4, between lines 13 and 14),
insert the following:
(c) This chapter does not apply to:
(1) the use of a navigation device, any interaction
with a navigation device, or the installation or use of computer
software on a navigation device by a multichannel video programming
distributor or video programmer in connection with the provision of
multichannel video programming or other services offered over a
multichannel video programming system if the provision of the
programming or other service is subject to 47 U.S.C. Section 338(i)
or 551; or
(2) the collection or disclosure of subscriber
information by a multichannel video programming distributor or
video programmer in connection with the provision of multichannel
video programming or other services offered over a multichannel
video programming system if the collection or disclosure of the
information is subject to 47 U.S.C. Section 338(i) or 551.
(d) In this section, "multichannel video programming
distributor" has the meaning assigned by 47 U.S.C. Section 522(13).
(2) In SECTION 1 of the bill, strike added Section
48.101(a), Business & Commerce Code (page 9, lines 10-17), and
substitute the following:
(a) The following persons, if adversely affected by the
violation, may bring a civil action against a person who violates
this chapter:
(1) a provider of computer software;
(2) an owner of a web page or trademark;
(3) a telecommunications carrier;
(4) a cable operator; or
(5) an Internet service provider.
(3) In SECTION 1 of the bill, strike added Section
48.101(g), Business & Commerce Code (page 10, line 17, through page
11, line 8), and substitute the following:
(g) In the case of a violation of Section 48.052 that causes
a telecommunications carrier or cable operator to incur costs for
the origination, transport, or termination of a call triggered
using the modem of a customer of the telecommunications carrier or
cable operator as a result of the violation and in addition to any
other remedy provided by law, a telecommunications carrier or cable
operator bringing an action under this section may:
(1) apply to a court for an order to enjoin the
violation;
(2) recover the charges the telecommunications
carrier or cable operator is obligated to pay to a
telecommunications carrier, cable operator, other provider of
transmission capability, or an information service provider as a
result of the violation, including charges for the origination,
transport, or termination of the call;
(3) recover the costs of handling customer inquiries
or complaints with respect to amounts billed for calls as a result
of the violation;
(4) recover other costs, including court costs, and
reasonable attorney's fees; or
(5) both apply for injunctive relief and recover
charges and other costs as provided by this subsection.