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79R967 DWS-D

By:  Solomons                                                     H.B. No. 210



A BILL TO BE ENTITLED

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.  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.