H.B. No. 210
AN ACT
relating to the regulation of certain telemarketing calls.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 44.101, Business & Commerce Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(b) The commission may contract with a private vendor to
maintain the Texas no-call list if:
(1) the private vendor has maintained a [national]
no-call list database [for more than two years] containing the
names and telephone numbers of consumers [in this state] who have
previously requested to be added to a [the vendor's national]
no-call list; and
(2) the contract requires the vendor to publish the
Texas portion of the national no-call list in an electronic format
to any telemarketer who agrees to use the Texas no-call list only
for the purposes of updating the no-call list of that telemarketer
by including in its list persons with whom the telemarketer does not
have an established business relationship.
(c) The Texas no-call list is a combined list consisting of
[must contain] the name and telephone numbers of each consumer in
this state who has requested to be on that list and of each person in
the portion of the national do-not-call registry maintained by the
United States government that relates to this state. The Texas
no-call list shall be updated and published on January 1, April 1,
July 1, and October 1 of each year. An entry on the Texas no-call
list expires on the third anniversary of the date the entry is first
published on the list. An entry may be renewed for successive
three-year periods. The telephone number of the consumer on the
Texas no-call list may be deleted from the list on the consumer's
written request or if the telephone number of the consumer is
changed. The commission may charge a person a reasonable amount not
to exceed $3 for a request to place a telephone number on the Texas
no-call list [established by the commission] or to renew an entry on
the list, except that the commission shall provide for a method of
placement or renewal of an entry by use of the Internet at no
charge. The commission shall develop and make available an
Internet website at which a person may request that a telephone
number be placed on the Texas no-call list [a form to be used by
customers to request to be on the Texas no-call list] and shall
provide a toll-free telephone number and a mailing [Internet mail]
address that persons may call or write to obtain a copy of a [the]
form to request placement of a telephone number on the Texas no-call
list. A private for-profit publisher of a residential telephone
directory that is distributed to the public at minimal or no cost
shall include in the directory a prominently displayed Internet
website address, toll-free number, and mailing [Internet mail]
address established by the commission through which a person may
request placement of a telephone number on the Texas no-call list or
order a copy of the form to make this request.
(d) The commission or its designee may provide information
on the Texas no-call list to the administrator of the national
do-not-call registry and may allow placement of the names and
telephone numbers contained on the Texas no-call list in the
national do-not-call registry.
SECTION 2. Section 552.141, Government Code, as added by
Chapter 401, Acts of the 78th Legislature, Regular Session, 2003,
is amended to read as follows:
Sec. 552.141. EXCEPTION: TEXAS NO-CALL LIST. The Texas
no-call list created under Subchapter C, Chapter 44 [43], Business &
Commerce Code, and any information provided to or received from
the administrator of the national do-not-call registry maintained
by the United States government, as provided by Section 44.101,
Business & Commerce Code, [as added by Chapter 1429, Acts of the
77th Legislature, Regular Session, 2001,] is excepted from the
requirements of Section 552.021.
SECTION 3. Sections 39.1025(a) and (b), Utilities Code, are
amended to read as follows:
(a) A person may not make or cause to be made a telephone
solicitation to a nonresidential electric [an electricity]
customer who has given notice to the commission of the customer's
objection to receiving telephone solicitations relating to the
customer's choice of retail electric providers.
(b) The commission shall establish and provide for the
operation of a database to compile a list of nonresidential
electric customers who object to receiving telephone
solicitations. The commission may operate the database or contract
with another entity to operate the database.
SECTION 4. A residential electric customer who on the
effective date of this Act is enrolled on the list compiled under
Section 39.1025, Utilities Code, remains on the list until the
customer's enrollment expires. If the residential electric
customer applies to renew enrollment on that list after the
effective date of this Act, the customer shall be enrolled on the
Texas no-call list established under Subchapter C, Chapter 44,
Business & Commerce Code.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 210 was passed by the House on March
31, 2005, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 210 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor