80R1767 ATP-D

By: Farabee H.B. No. 515

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of the Texas no-call list to campaign-related calls made using an automated telephone dialing system.

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

SECTION 1. Section 44.002, Business & Commerce Code, is amended by adding Subdivision (10) to read as follows:

(10) "Automated campaign call" means a call made by an automated telephone dialing system that conveys a prerecorded or synthesized voice message to the number called for the purpose of encouraging or discouraging voting for or otherwise supporting a candidate or measure. For purposes of this subdivision, "candidate" and "measure" have the meanings assigned by Section 251.001, Election Code.

SECTION 2. The heading to Section 44.102, Business & Commerce Code, is amended to read as follows:

Sec. 44.102. PROHIBITED CONTACT [TELEMARKETING] OF PERSONS ON TEXAS NO-CALL LIST; ENFORCEMENT; PENALTIES.

SECTION 3. Sections 44.102(a), (e), and (f), Business & Commerce Code, are amended to read as follows:

(a) A person [telemarketer] may not make a telemarketing call or automated campaign call to a telephone number that has been published on the Texas no-call list more than 60 days after the telephone number appears on the then-current list.

(e) Venue for an action based on a violation of this subchapter is in the county where the telemarketing call or automated campaign call was made or received, or if brought by the attorney general, commission, or a state agency, in Travis County.

(f) For purposes of this subchapter, a consumer on the Texas no-call list is presumed to be adversely affected by a telemarketer or other person making a call prohibited by this section who calls the consumer more than once and may bring a civil action based on the second or a subsequent violation of this subchapter if:

(1) the consumer has notified the person [telemarketer] of the alleged violation and not later than the 30th day after the date of the call files a verified complaint setting forth the relevant facts surrounding the violation with the commission, the attorney general, or a state agency that licenses the person making the call; and

(2) the commission, attorney general, or state agency receiving the complaint fails to initiate an administrative action or a civil enforcement action, as appropriate, against the person [telemarketer] named in the complaint before the 121st day after the date the complaint is filed.

SECTION 4. Section 44.103(a), Business & Commerce Code, is amended to read as follows:

(a) The commission may adopt rules to administer this subchapter. The commission shall adopt rules:

(1) requiring each local exchange telephone company and each commercial mobile service provider that provides commercial mobile service in this state to inform its customers of the requirements of this subchapter by annual inserts in billing statements mailed to customers, notification in a customer's electronic bill, notification printed on a customer's paper bill, notification sent free of charge by messaging service to a customer's mobile telephone number, or conspicuous publication of the notice in the consumer information pages of local telephone directories or other appropriate notice to consumers;

(2) providing that a telemarketing call or automated campaign call made to a number on the Texas no-call list is not a violation of Section 44.102 if the telemarketing call or automated campaign call is an isolated occurrence made by a person who has in place adequate procedures to comply with this subchapter; and

(3) providing for:

(A) the dissemination of the Texas no-call lists in formats, including electronic formats, commonly used by persons making telemarketing calls or automated campaign calls; and

(B) a fee for each such distribution not to exceed $75.

SECTION 5. This Act takes effect September 1, 2007.