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79R1082 ATP-D

By:  Chavez                                                       H.B. No. 953



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of and contracts with certain telephone 
call centers; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 4, Business & Commerce Code, is amended by 
adding Chapter 48 to read as follows:
	CHAPTER 48.  CUSTOMER SALES OR SERVICE CALL CENTER REQUIREMENTS
	Sec. 48.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Customer" means a resident of this state who 
receives a call from or places a call to a customer sales call 
center or a customer service call center.
		(2)  "Customer sales call center" means an entity whose 
primary purpose includes initiating or receiving telephone 
communications on behalf of a person for the purpose of initiating 
sales, including making a telephone solicitation as defined by 
Section 38.001.
		(3)  "Customer service call center" means an entity 
whose primary purpose includes initiating or receiving telephone 
communications on behalf of a person for the purpose of providing 
services or providing or receiving information in connection with 
the provision of services.
		(4)  "Customer service employee" means a person 
employed by or working on behalf of a customer sales call center or 
a customer service call center.
		(5)  "Identifying information" means information, 
other than an individual's name, that alone or in conjunction with 
other information identifies an individual, including an 
individual's social security number, date of birth, 
government-issued identification number, or financial institution 
account number.
	Sec. 48.002.  DUTIES OF CUSTOMER SERVICE EMPLOYEE.  On  the 
request of a customer, a customer service employee shall:
		(1)  disclose to the customer:                                         
			(A)  the city, state, and country where the 
customer service employee is located;
			(B)  the name or registered alias of the customer 
service employee; and
			(C)  the name of the employer of the customer 
service employee;     
		(2)  enable the customer to speak to an employee of the 
business, government agency, or other person on whose behalf the 
customer sales call center or customer service call center has 
directed the customer service employee to communicate with the 
customer; and
		(3)  transfer the call to a person in the United States, 
if the customer service employee is not in the United States.
	Sec. 48.003.  PERMISSION REQUIRED TO PROVIDE CERTAIN 
INFORMATION TO A PERSON OUTSIDE THE UNITED STATES.  A customer sales 
call center, customer service call center, customer service 
employee, or person on whose behalf the customer sales call center 
or customer service call center directs the customer service 
employee to communicate with a customer may not provide a 
customer's identifying information or other credit or financial 
information to a person located outside the United States unless 
the center, employee, or other person receives express written 
permission from the customer.
	Sec. 48.004.  DECEPTIVE TRADE PRACTICE.  A customer sales 
call center, customer service call center, customer service 
employee, or person on whose behalf the customer sales call center 
or customer service call center directs the customer service 
employee to communicate with a customer who intentionally violates 
this chapter engages in a deceptive trade practice actionable under 
Subchapter E, Chapter 17.
	SECTION 2.  Subchapter B, Chapter 2155, Government Code, is 
amended by adding Section 2155.0771 to read as follows:
	Sec. 2155.0771.  BARRING CERTAIN VENDORS FROM PARTICIPATION 
IN TELEMARKETING OR TELEPHONE CENTER SERVICE CONTRACTS.  (a)  This 
section applies only to a contract for telemarketing or telephone 
center services.
	(b)  The commission shall bar a vendor from participating in 
state contracts that are subject to this subtitle, including 
contracts for which purchasing authority is delegated to a state 
agency, unless the vendor submits to the commission a written 
statement certifying that the vendor's telemarketing or telephone 
center services operate only in the United States.
	(c)  The commission shall prescribe procedures for 
submitting a statement under Subsection (b).
	(d)  A contract between the commission or a state agency to 
which purchasing authority is delegated and a vendor barred under 
this section is void.  If the commission determines that immediate 
termination of the performance of a contract that is void under this 
subsection would result in harm to the public health or welfare, the 
commission or state agency may continue to perform as if the 
contract were valid for the minimum period necessary to protect the 
public health and welfare and not after the commission or state 
agency arranges a contract with a vendor who is not barred under 
this section.
	SECTION 3.  This Act takes effect September 1, 2005.