HBA-DMD, SEB H.B. 23 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 23
By: Goolsby
Business & Industry
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

The United States Congress passed the Telephone Consumer Protection Act (47
U.S.C. Section 227) in 1991, which permits a person who receives a
telephone communication in violation of that Act to bring a civil cause of
action against the person who initiates the communication, if the laws or
rules of court of that state so allow. Prior to the 76th Legislature, Texas
had not passed legislation entitling a person to file a lawsuit for that
purpose.  H.B. 23 authorizes a person to bring a cause of action against
the person who makes an unsolicited facsimile transmission for the purpose
of making a sale under certain conditions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 35.47, Business and Commerce Code, by amending
Subsections (c) and (d) and adding Subsections (e), (f), and (g), as
follows: 

(c)  Prohibits a person from making or causing to be made a transmission
for the purpose of a solicitation or sale to a facsimile recording device
after 11 p.m. and before 7 a.m.   

(d)  Requires a person who makes or causes to be made a transmission to a
facsimile recording device for the purpose of a solicitation or sale to
include in the transmission a statement, in at least 12-point type,
informing the recipient of a toll-free or local exchange accessible
telephone number at which the recipient may notify the person not to send
any further transmissions to one or more telephone numbers specified by the
recipient.  Requires the person, upon receiving notification from a
recipient, to send the recipient a written acknowledgment of the
recipient's notification within 24 hours. Prohibits the person, upon
receiving notification from a recipient, from making or causing to be made
a transmission to a number specified by the recipient, except for a single
transmission to acknowledge the notification.    

(e)  Requires the county or district attorney of the county in which a
person resides to investigate the person's complaint that Subsection (c) or
(d) has been violated.  Makes a conforming change. 

(f)  Provides that a person who violates Subsection (c) or (d) commits a
Class C misdemeanor. Makes conforming changes. 

(g)  Authorizes a person who receives a communication that violates 47
U.S.C. Section 227 (Restrictions on the Use of Telephone Equipment), a
regulation adopted under that provision, or this section (Certain
Electronic Communications Made for Purpose of Sales) to bring an action
against the person who originates the communication in a court of this
state for an injunction, damages in the amount provided by this subsection,
or both. Entitles the prevailing plaintiff in an action to $500 for each
violation or the person's actual damages, whichever is greater, with
certain exceptions.  
 
SECTION 2.  Makes the application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.