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  80R10799 DWS-D
 
  By: Carona S.B. No. 1730
 
 
 
   
 
 
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.