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.