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


Office of House Bill AnalysisH.B. 23
By: Goolsby
Business & Industry
2/8/1999
Introduced



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.  As of yet, the state of Texas has
not passed legislation that entitles 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 mobile telephone, facsimile, or other
telecopier transmission for the purpose of making a sale and for which the
called person or entity will be charged.  H.B. 23 also applies to certain
calls using a prerecorded voice or an automatic dialing system otherwise
unprotected by the Federal Communications Commission and for which the
called person did not give prior consent. 

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 adding
Subsection (e), as follows: 

(e)  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 seek an injunction,
damages, or both in a Texas court against the person who originates the
communication.  Entitles the prevailing plaintiff in an action to $500 for
each violation or the person's actual damages, whichever is greater.
Authorizes the court to increase the amount of the award to not more than
$1500 or three times the person's actual damages, whichever is greater, if
the court finds that the defendant committed the violation knowingly or
intentionally.   

SECTION 2.  Makes the application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.