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AN ACT
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relating to automated dial announcing devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.121, Utilities Code, is amended to |
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read as follows: |
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Sec. 55.121. DEFINITIONS [DEFINITION]. In this subchapter: |
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(1) "Automated[, "automated] dial announcing device" |
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means automated equipment used for telephone solicitation or |
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collection that can: |
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(A) [(1)] store telephone numbers to be called or |
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produce numbers to be called through use of a random or sequential |
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number generator; and |
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(B) [(2)] convey, alone or in conjunction with |
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other equipment, a prerecorded or synthesized voice message to the |
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number called without the use of a live operator. |
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(2) "Telephone solicitation" means an unsolicited |
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call. |
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SECTION 2. Section 55.122, Utilities Code, is amended to |
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read as follows: |
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Sec. 55.122. EXEMPTIONS. This subchapter does not apply to |
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the use of an automated dial announcing device: |
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(1) to make a call relating to an emergency or a public |
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service under a program developed or approved by the emergency |
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management coordinator of the county in which the call is received; |
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[or] |
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(2) by a public or private primary or secondary school |
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system to locate or account for a truant student; |
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(3) by a municipality or a person calling on behalf of |
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a municipality to deliver information to citizens of the |
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municipality regarding a public health, safety, or welfare issue; |
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or |
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(4) by an organization to a member of the |
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organization. |
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SECTION 3. Subchapter F, Chapter 55, Utilities Code, is |
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amended by adding Section 55.1225 to read as follows: |
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Sec. 55.1225. APPLICABILITY. This subchapter applies to an |
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automated dial announcing device used to make a telephone call that |
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originates or terminates in this state. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1040 passed the Senate on |
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May 8, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1040 passed the House on |
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May 22, 2013, by the following vote: Yeas 146, Nays 2, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |