79R5881 CBH-D

By:  Frost                                                        H.B. No. 2592



A BILL TO BE ENTITLED

AN ACT

relating to a requirement that certain broadband network operators 
provide notice of inability to access emergency services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 64, Utilities Code, is 
amended by adding Section 64.005 to read as follows:
	Sec. 64.005.  NOTICE OF INABILITY TO ACCESS EMERGENCY 
SERVICES.  (a)  This section applies to an entity that uses a 
broadband network to provide a service that would be classified as a 
local exchange telephone service if the service were provided by a 
telecommunications utility and the service provided by the entity 
does not provide access to 911 service or dual party relay service.
	(b)  An entity to which this section applies may not enter 
into a contract to provide a service described by Subsection (a) 
unless the entity first provides to the customer a notice that the 
service does not provide access to 911 service or to dual party 
relay service, as appropriate. The notice must:
		(1)  be a separate document;                                           
		(2)  include a requirement that the customer sign and 
date the document; and
		(3)  conspicuously state that, by signing and dating 
the document, the customer acknowledges that the customer will not 
be able to use the service to access 911 service or dual party relay 
service, as appropriate.
	(c)  At least annually, an entity to which this section 
applies shall send to each customer to whom the entity provides a 
service described by Subsection (a) a notice that the service does 
not provide access to 911 service or dual party relay service, as 
appropriate.  The entity shall include the notice as a separate 
document in the customer's bill.
	(d)  Except as preempted by federal law, the commission has 
all jurisdiction necessary to enforce this section.
	SECTION 2.  This Act applies to a contract entered into or 
renewed on or after the effective date of this Act.  A contract 
entered into or renewed before that date is governed by the law in 
effect on the date the contract was entered into or renewed, and 
that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.