79R2254 MTB-D

By:  McCall                                                       H.B. No. 2553



A BILL TO BE ENTITLED

AN ACT

relating to the publication of mobile service customer telephone 
numbers by commercial mobile service providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 64, Utilities Code, is amended by adding 
Subchapter E to read as follows:
	SUBCHAPTER E. PUBLICATION OF MOBILE SERVICE CUSTOMER TELEPHONE 
NUMBERS
	Sec. 64.201.  DEFINITION. In this subchapter, "commercial 
mobile service provider" means a provider of commercial mobile 
service as defined by Section 332(d), Communications Act of 1934 
(47 U.S.C. Section 151 et seq.), Federal Communications Commission 
rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 
No. 103-66).
	Sec. 64.202.  CONSENT REQUIRED. (a) A commercial mobile 
service provider doing business in this state may not publish in a 
directory or provide for publication in a directory the name and 
telephone number of a mobile service customer in this state without 
the written consent of the customer. The form for obtaining the 
consent of a customer must:
		(1)  be a separate document;                                           
		(2)  include a requirement that the customer sign and 
date the document;
		(3)  conspicuously state that, by signing and dating 
the document, the customer consents to have the customer's 
telephone number sold or licensed as part of a list of customers and 
the customer's telephone number may be included in a publicly 
available directory; and
		(4)  if the customer's calling plan bills the customer 
for unsolicited calls or text messages from a telemarketer, 
conspicuously state that, by consenting to have the customer's 
telephone number sold or licensed as part of a list of customers or 
be included in a publicly available directory, the customer may 
incur additional charges for receiving unsolicited calls or text 
messages.
	(b)  A customer who consents under Subsection (a) may revoke 
that consent at any time. A commercial mobile service provider 
shall comply with the customer's request not later than the 60th day 
after the date the request is made.
	(c)  A commercial mobile service provider may not bill a 
mobile services customer for not consenting under Subsection (a).
	Sec. 64.203.  VIOLATIONS. If the commission finds that a 
commercial mobile service provider violated this subchapter, the 
commission may implement penalties and other enforcement actions 
under Chapter 15.
	SECTION 2.  This Act takes effect September 1, 2005.