By: Deshotel (Senate Sponsor - Carona) H.B. No. 143

(In the Senate - Received from the House March 21, 2007; March 29, 2007, read first time and referred to Committee on Business and Commerce; May 2, 2007, reported favorably by the following vote: Yeas 9, Nays 0; May 2, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to application of the Texas no-call list to certain transmissions to a mobile telephone number.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 44.002(9), Business & Commerce Code, is amended to read as follows:

(9) "Telephone call" means a call or other transmission which is made to or received at a telephone number, including:

(A) a call made by an automated telephone dialing system;

(B) a transmission to a facsimile recording device; and

(C) a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number serviced by a provider of commercial mobile service, as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as amended, Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), as amended, except that the term does not include a transmission made to a mobile telephone number as part of an ad-based telephone service, in connection with which the telephone service customer has agreed with the service provider to receive the transmission.

SECTION 2. Section 44.103, Business & Commerce Code, is amended by adding Subsection (c) to read as follows:

(c) The commission shall include on its Internet website a notice explaining the application of the Texas no-call list to a call or other transmission, including a transmission of a text or graphic message or of an image, to a mobile telephone number.

SECTION 3. This Act takes effect September 1, 2007.

* * * * *