HBA-ALS H.B. 1729 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1729
By: Danburg
State Affairs
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

The purpose of this bill is to ensure that consumers are given adequate and
sufficient information regarding telecommunications services and products
so that they may make informed choices and protect themselves against
fraudulent and deceptive business practices, and to prevent the switching
of a customer's chosen telecommunications utility without the customer's
permission.   

H.B. 1729 imposes rules regarding billing for telecommunications products
and services by a provider of a telecommunications product or service
(provider), and grants the Public Utility Commission of Texas (commission)
rulemaking authority to enforce those rules.  This bill amends and codifies
the Public Utility Regulatory Act, which grants rulemaking authority to the
commission to adopt rules that apply to all local exchange telephone
service, interexchange telecommunications service, and other
telecommunications service provided by telecommunications utilities.  In
doing so, the bill sets out prohibitions on deceptive practices in
obtaining authorizations and verifications to change a customer's
telecommunications utility; provides requirements, corrective action, and
penalties for a provider who makes an unauthorized or unverified change to
a customer's telecommunications utility selection; and allows the
commission to prohibit a utility from engaging in a deceptive or fraudulent
practice.  H.B.1729 also provides the conditions relating to customer
consent and retention of records that must be met by a provider in order to
charge for a product or service on a customer's telephone bill. In
addition, this bill prohibits providers, billing telephone companies, and
billing agents from using misrepresentation while soliciting customers;
provides enforcement measures and penalties for violations of this
subchapter; requires the establishment of rules by the commission relating
to customer complaints about telephone bill charges; and requires the
commission to adopt rules and issue orders necessary to protect consumer
rights and enforce this subchapter. H.B. 1729 does not apply to
customer-initiated services, operator services, or services carried over a
telecommunications network if the dialed digits are displayed on the
customer's bill, except for recurring charges arising from the use of a
customer-initiated service. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Public Utility Commission of Texas
in SECTIONS 1 and 3 (Section 55.011, 55.326, and 55.328, Utilities Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 55, Utilities Code, by adding
Section 55.011, as follows: 

Sec.  55.011.  TELECOMMUNICATIONS BILLING.  (a)  Provides that it is the
state's policy to ensure that consumers are given adequate and sufficient
information regarding services and products in order to make informed
choices, eliminate confusion, and protect against fraudulent and deceptive
business practices. 

(b) Provides that a bill for telecommunications products or services must
contain an account summary that is located at the beginning of the bill,
and a following summary page which separately identifies basic service,
optional services and features, toll service, and long-distance service,
and include the current status of the customer's services, the  customer's
presubscribed interstate carrier, intrastate toll carrier, and local
exchange, and whether carrier freezes or other blocking mechanisms have
been implemented.  Prohibits the summary pages from including an
advertisement or charge for a product or service unless it is a
telecommunications product or service.  Provides that the summary page must
notify a customer of a change or addition to products or services which
appears in the bill.  Requires the provider of a telecommunications product
or service (provider) to notify the billing telephone company of a change
or addition to a customer's bill, and allow the company to recover the cost
of providing such notices from a service provider or billing agent.
Defines "billing agent" and "billing telephone company."   

(c) Provides that each charged product or service appearing on the bill
must be described using plain and unambiguous language, and may not be
described as "miscellaneous" or in misleading terms.  Provides that the
bill must include the name of the provider of each product or service, the
name of an underlying carrier, and a toll-free complaint number. 

(d) Prohibits a provider from engaging in negative option billing or
negative enrollment of services. 

(e) Prohibits the inclusion of a surcharge or line item unless it is
specifically authorized by federal or state law. 

(f) Grants the Public Utility Commission of Texas (commission) all
necessary jurisdiction to adopt and enforce rules that are required by this
section.  Authorizes the commission to notify or require another person to
notify customers of their rights under this section. 

SECTION 2.  Amends and codifies Section 3.312,, Article 1446c-0, V.T.C.S.,
as added by Section 1, Chapter 919, Acts of the 75th Legislature, Regular
Session, 1997 (Public Utility Regulatory Act of 1995), as Subchapter K,
Chapter 55, Utilities Code, as follows: 

SUBCHAPTER K.  SELECTION OF TELECOMMUNICATIONS UTILITIES

Sec. 55.301.  STATE POLICY.  Makes no change to this section.

Sec. 55.302.  COMMISSION RULES.  Makes no change to this section.

Sec. 55.303.  VERIFICATION OF CARRIER-INITIATED CHANGE.  Makes no change to
this section. 

Sec. 55.304.  CUSTOMER-INITIATED CHANGE.  Makes no change to this section.

Sec. 55.305.  UNAUTHORIZED CHANGE.  Requires a telecommunications utility
that initiates an unauthorized customer change to pay the customer a
penalty of $25 for each violation if the commission directs it to do so.
Makes a conforming change. 

Sec. 55.306.  CORRECTIVE ACTION AND PENALTIES.  Makes no change to this
section. 

Sec. 55.307.  REPEATED AND RECKLESS VIOLATION.  Authorizes the commission
to deny, in addition to suspending, restricting, or revoking, the
registration, certificate, or amended certificate of a telecommunications
utility that is found by the commission to have repeatedly and recklessly
violated the commission's telecommunications utility selection rules if it
is in the public's interest. 

Sec. 55.308.  DECEPTIVE OR FRAUDULENT PRACTICE.  Adds this section to
authorize the commission to prohibit a utility from engaging in a deceptive
or fraudulent practice, including a marketing practice, involving the
selection of a customer's telecommunications utility.  Authorizes the
commission to define deceptive and fraudulent practices under this section. 

 SECTION 3.  Amends Chapter 55, Utilities Code, by adding Subchapter L, as
follows: 

SUBCHAPTER L.  UNAUTHORIZED CHARGES ON TELEPHONE BILLS

Sec. 55.321.  DEFINITIONS.  Defines "billing agent" and "billing telephone
company."  

Sec. 55.322.  PREVENTION OF UNAUTHORIZED CHARGES.  (a) Prohibits a
provider, billing telephone company, or billing agent from charging for a
product or service on a customer's telephone bill or submitting such
charges to a billing telephone company for inclusion on a customer's bill
unless specified conditions are met. 

(b) Requires the provider to retain records of a customer's consent to
charges until the first anniversary of the date of the consent, and upon
request, to provide a copy of the record to that customer, the telephone
billing company, the commission, and the office of public utility counsel. 

(c) Requires the provider to maintain records authorizing a provider to
bill for a service or product on the billing telephone company's bill until
the first anniversary of the date of permanent discontinuation of the
billing arrangement. 

(d) Entitles the customer to an adjustment on the bill plus interest for a
payment made by the customer for an unauthorized charge, or the removal of
the charges if the provider, billing telephone company, or billing agent
cannot provide evidence of the customer's consent pursuant to this section.
Prohibits the interruption or termination of telephone service while the
charges are under dispute if the undisputed portion of the bill is paid or
of local exchange telephone service if charges for that service is paid. 

(e) Provides that a written authorization must be separate from any
solicitation material, and the sole purpose of the consent or order must be
to explain the nature and extent of the transaction.  Provides that the
authorization materials must be unambiguous, legible, in a minimum of
10-point type.   Provides that written or oral solicitation materials must
be in the same language as the written order or written consent.  Prohibits
the authorization document from being used as an entry from for a
sweepstakes, contest, or any program offering prizes or gifts.   

Sec. 55.323.  MISREPRESENTATION OF ASSOCIATION OR AFFILIATION.  Prohibits a
provider from misrepresenting its association or affiliation with a billing
telephone company when it solicits, induces, or implements the customer's
agreement to purchase the product or service.  

Sec. 55.324. ENFORCEMENT. Authorizes the commission to implement penalties
and enforcement actions against a telecommunications utility or
telecommunications provider under Subchapter B, Chapter 15 (Judicial
Review, Enforcement, and Penalties), if the commission finds that the
utility or provider has violated this subchapter.  Authorizes the
commission to enforce Sections 15.021-15.028 and 15.030-15.033 (relating to
enforcement and penalties for violations) against a provider of a product
service or billing agent as if it were regulated by the commission if the
commission finds that provider violated this subchapter or knowingly
provided false information to the commission on a matter subject to this
subchapter.  Provides that this subchapter does not grant the commission
jurisdiction to regulate a provider or billing agent except as specified by
this subchapter.   

Sec. 55.325. TERMINATION OF SERVICES.  Authorizes the commission to order a
billing telephone company to terminate the billing and collection services
for a provider or billing agent if it finds that the provider or billing
agent has violated this subchapter.  Authorizes a billing telephone company
to act on its own to terminate billing and collection services. 

Sec. 55.326.  REPORT OF COMPLAINTS; COOPERATION.  Requires the commission
to establish rules requiring a provider, billing telephone company, and
billing agent to provide complaint reports made by customers regarding
charges to the commission and the  Office of the Public Utility Counsel,
and to cooperate with the commission's efforts to enforce this subchapter. 

Sec. 55.327.  LIMITATION ON EFFECT OF SUBCHAPTER.  Provides that this
subchapter is not applicable to customer-initiated services, operator
services or services carried over a telecommunications network if the
dialed digits are displayed on the telephone bill except for recurring
charges for use of a customer-initiated service.  Provides that a billing
telephone company is not obligated under this subchapter to provide billing
and collection services to a provider or billing agent. 

Sec. 55.328.  RULES.  Requires the commission to adopt rules and issue
orders as necessary to protect consumers' rights and to enforce this
subchapter. 

SECTION 4. Amends Section 52.102, Utilities Code, to make conforming and
nonsubstantive changes.   

SECTION 5. Amends Section 15.024(c), Utilities Code, to provide that this
subsection, which prohibits the assessment of a penalty against a person
who remedies a violation before the 31st day after the person received the
specified notice, does not apply to a violation under Subchapter K or L,
Chapter 55.  

SECTION 6.  Provides that this Act does not limit the attorney general's
authority. 

SECTION 7.  Requires the commission to adopt nondiscriminatory and
competitively neutral rules needed to implement Section 2 of this Act by
November 1, 1999. 

SECTION 8.  Provides that in accordance with Section 311.031(c), Government
Code (giving effect to a substantive amendment enacted by the same
legislature that codifies the amended statute), the text of Section 52.102,
Utilities Code, and Subchapter K, Chapter 55, Utilities Code, as set out in
this Act, gives effect to changes made by Chapter 919, Acts of the 75th
Legislature, Regular Session, 1997.  Provides that to the extent of any
conflict, the text of Section 52.102, Utilities Code, as set out in this
Act, controls over another Act of the 76th Legislature, Regular Session,
1999 relating to nonsubstantive additions and corrections in enacted codes. 

SECTION 9.Effective date: September 1, 1999. 

SECTION 10.Emergency clause.