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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring notices prior to certain activities involving |
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Voice over Internet Protocol telephone service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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is amended by adding Chapter 329 to read as follows: |
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CHAPTER 329. NOTICES TO CUSTOMERS OF VOICE OVER INTERNET PROTOCOL |
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TELEPHONE SERVICE |
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Sec. 329.001. DEFINITIONS. In this chapter: |
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(1) "Emergency response center" means an entity with |
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which a customer contracts to monitor transmissions from an |
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emergency response system and take appropriate action. |
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(2) "Emergency response system" means a fire alarm, |
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burglar alarm, hold-up, robbery, or medical monitoring system that |
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is connected to an emergency response center by means of a |
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telecommunications carrier or VoIP telephone service provider. |
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(3) "Personal emergency response system" has the |
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meaning assigned by Section 781.001, Health and Safety Code. |
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(4) "VoIP telephone service" means voice |
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communications to residential or business customers over a |
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broadband network using Internet Protocol to route calls instead of |
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the Public Switched Telephone Network. |
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Sec. 329.002. NOTICE BEFORE INSTALLATION OR NUMBER |
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ACTIVATION OF VOIP TELEPHONE SERVICE. Before the installation or |
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number activation of VoIP telephone service for a customer, the |
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service provider shall provide written notice to the customer that: |
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(1) the customer's emergency response system or |
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personal emergency response system should be tested after |
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installation; |
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(2) the customer's emergency response system provider |
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or alarm systems company monitoring the personal emergency response |
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system should be notified after the VoIP telephone service is |
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installed; and |
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(3) a 24-hour emergency power source must be installed |
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in connection with the VoIP telephone service in order for: |
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(A) the emergency response system equipment on |
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the premises to signal the emergency response center in the event of |
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a power outage; or |
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(B) the personal emergency response system to |
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signal the alarm systems company monitoring the personal emergency |
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response system in the event of a power outage. |
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Sec. 329.003. NOTICE BEFORE SALE OF EQUIPMENT NECESSARY TO |
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CONNECT VOIP TELEPHONE SERVICES. The packaging of equipment that |
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is necessary to connect VoIP telephone service must contain a clear |
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and conspicuous warning to notify customers of how to ensure proper |
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functioning of emergency response systems or personal emergency |
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response systems in connection with VoIP telephone service. This |
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warning must be in writing and must inform the customer that: |
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(1) the customer's emergency response system or |
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personal emergency response system should be tested after |
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installation; |
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(2) the customer's emergency response system provider |
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or alarm systems company monitoring the personal emergency response |
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system should be notified after the VoIP telephone service is |
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installed; and |
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(3) a 24-hour emergency power source must be installed |
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in connection with the VoIP telephone service in order for: |
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(A) the emergency response system equipment on |
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the premises to signal the emergency response center in the event of |
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a power outage; or |
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(B) the personal emergency response system to |
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signal the alarm systems company monitoring the personal emergency |
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response system in the event of a power outage. |
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Sec. 329.004. NOTICE ON INSTALLATION OR ACTIVATION OF |
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EMERGENCY RESPONSE SYSTEM OR PERSONAL EMERGENCY RESPONSE SYSTEM. |
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On the installation or activation of an emergency response system |
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or a personal emergency response system for a customer, a security |
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services contractor required to be licensed under Section 1702.102, |
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Occupations Code, or a personal emergency response system provider |
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required to be licensed under Section 781.102, Health and Safety |
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Code, shall inform the customer that: |
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(1) the security services contractor or the personal |
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emergency response system provider, as applicable, should be |
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notified if VoIP telephone service is installed; and |
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(2) a 24-hour emergency power source must be installed |
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in connection with the VoIP telephone service in order for: |
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(A) the emergency response system equipment on |
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the premises to signal the emergency response center in the event of |
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a power outage; or |
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(B) the personal emergency response system to |
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signal the alarm systems company monitoring the personal emergency |
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response system in the event of a power outage. |
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Sec. 329.005. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT. |
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(a) A person that fails to give notice as required by Section |
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329.002, 329.003, or 329.004 commits a false, misleading, or |
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deceptive act under Section 17.46. |
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(b) A public or private right or remedy under Chapter 17 may |
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be used to enforce this chapter. |
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SECTION 2. (a) Section 329.002, Business & Commerce Code, |
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as added by this Act, applies only to Voice over Internet Protocol |
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telephone service installed or activated on or after the effective |
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date of this Act. Voice over Internet Protocol telephone service |
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installed or activated before the effective date of this Act is |
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covered by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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(b) Section 329.003, Business & Commerce Code, as added by |
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this Act, applies only to Voice over Internet Protocol equipment |
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sold on or after the effective date of this Act. Voice over |
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Internet Protocol equipment sold before the effective date of this |
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Act is covered by the law in effect immediately before that date, |
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and the former law is continued in effect for that purpose. |
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(c) Section 329.004, Business & Commerce Code, as added by |
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this Act, applies only to an emergency response system or a personal |
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emergency response system installed or activated on or after the |
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effective date of this Act. An emergency response system or a |
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personal emergency response system installed or activated before |
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the effective date of this Act is covered by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |