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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for and prohibitions on certain |
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telemarketing calls. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.051(b), Business & Commerce Code, is |
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amended to read as follows: |
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(b) A telephone solicitor may not make a consumer telephone |
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call to a consumer unless: |
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(1) the telephone solicitor, immediately after making |
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contact with the consumer to whom the call is made, identifies |
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within the first 30 seconds of the call and in the solicitor's |
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unaltered voice: |
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(A) himself or herself by name; |
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(B) the business on whose behalf the telephone |
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solicitor is calling; and |
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(C) the purpose of the call; |
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(2) the telephone solicitor makes the call after 12 |
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noon and before 9 p.m. on a Sunday or after 10 [9] a.m. and before 6 |
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[9] p.m. on a weekday or a Saturday; and |
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(3) for those calls in which an automated dial |
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announcing device is used, the device disconnects the consumer's |
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telephone line within the period specified by Section 55.126, |
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Utilities Code, after either the telephone solicitor or the |
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consumer terminates the call. |
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SECTION 2. Subchapter B, Chapter 301, Business & Commerce |
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Code, is amended by adding Sections 301.0511 and 301.0512 to read as |
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follows: |
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Sec. 301.0511. REPEAT CALLS PROHIBITED. (a) A telephone |
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solicitor may not call the same consumer regarding the same subject |
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matter or issue more than two times, regardless of whether the |
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telephone solicitor places the call using a different telephone |
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number. |
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(b) A telephone solicitor may not call the same consumer |
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more than once if that consumer requests that the telephone |
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solicitor not call, regardless of whether the telephone solicitor |
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places the call using a different telephone number. |
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Sec. 301.0512. CONSENT REQUIRED FOR CERTAIN CALLS. A |
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telephone solicitor may not place a call to a consumer using an |
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automated dial announcing device without the consumer's express |
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written consent. A written consent provided under this section |
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must: |
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(1) be signed by the consumer; |
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(2) clearly authorize the telephone solicitor's use of |
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the automated dial announcing device to place calls to the |
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consumer; |
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(3) include the telephone number to which the consent |
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applies; and |
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(4) inform the consumer that the consumer is not |
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required to consent to the use of the automated dial announcing |
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device. |
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SECTION 3. Section 301.103, Business & Commerce Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) For purposes of Subsection (a), each call placed to a |
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consumer in violation of Section 301.0511 constitutes a separate |
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violation. |
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SECTION 4. Section 302.302(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) A person who violates this chapter is subject to a civil |
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penalty of not more than $10,000 [$5,000] for each violation. |
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SECTION 5. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |