HBA-DMD H.B. 2420 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2420
By: Driver
Business & Industry
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

The federal Telephone Consumer Protection Act (TCPA) prohibits sending
unsolicited faxed advertisements. However, a federal court has ruled that
the federal law applies only to interstate transmission. Currently, Texas
does not have a law specifically authorizing a private right of action
under TCPA.  

H.B. 2420 prohibits a person from using any telephone facsimile machine,
computer, or other device to send to a telephone facsimile machine an
unsolicited advertisement or an advertisement that does not contain a
toll-free telephone number and address that the recipient may contact in
order to stop receiving advertisements. This bill also prohibits a person
who has received a request to stop transmission from sending additional
advertisements to that facsimile machine. 

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 Chapter 37, Business & Commerce Code, by adding Section
37.031, as follows: 

Sec. 37.031. ADVERTISEMENT SENT TO FACSIMILE MACHINE. (a) Defines
"advertisement" and "unsolicited advertisement." 

(b) Prohibits a person from using any telephone facsimile machine,
computer, or other device to send to a telephone facsimile machine an
unsolicited advertisement, or an advertisement that does not contain a
toll-free telephone number and address that the recipient may contact in
order to stop receiving additional advertisements.  

(c) Prohibits a person, to whom a recipient of an advertisement has
submitted a request under Subsection (b), from sending any additional
advertisement to that facsimile machine.  

SECTION 2.Effective date: September 1, 1999.  

SECTION 3.Emergency clause.