1-1 AN ACT
1-2 relating to the regulation of telemarketing solicitation; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 4, Business & Commerce Code, is amended by
1-6 adding Chapter 43 to read as follows:
1-7 CHAPTER 43. TELEMARKETING
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 43.001. SHORT TITLE. This chapter may be cited as the
1-10 Texas Telemarketing Disclosure and Privacy Act.
1-11 Sec. 43.002. DEFINITIONS. In this chapter:
1-12 (1) "Caller identification service" means a service or
1-13 device designed to provide the user of the service or device with
1-14 the telephone number of an incoming telephone call.
1-15 (2) "Commission" means the Public Utility Commission
1-16 of Texas.
1-17 (3) "Consumer good or service" means property of any
1-18 kind that is normally used for personal, family, or household
1-19 purposes. The term does not include a security, as defined by
1-20 Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil
1-21 Statutes).
1-22 (4) "Established business relationship" means a prior
1-23 or existing relationship of a person formed by a voluntary two-way
1-24 communication between a person and a consumer regardless of whether
2-1 consideration is exchanged, regarding consumer goods or services
2-2 offered by the person, that has not been terminated by either
2-3 party.
2-4 (5) "Facsimile recording device" means any device
2-5 capable of receiving a facsimile transmission.
2-6 (6) "Facsimile solicitation" means a telemarketing
2-7 call made by a transmission to a facsimile recording device.
2-8 (7) "Telemarketer" means a person who makes or causes
2-9 to be made a telemarketing call.
2-10 (8) "State licensee" means a person licensed by a
2-11 state agency under a law of this state that requires the person to
2-12 obtain a license as a condition of engaging in a profession or
2-13 business.
2-14 (9) "Telephone call" means a call or other
2-15 transmission which is made to or received at a telephone number,
2-16 including:
2-17 (A) a call made by an automated telephone
2-18 dialing system; and
2-19 (B) a transmission to a facsimile recording
2-20 device.
2-21 Sec. 43.003. TELEMARKETING CALLS GOVERNED BY CHAPTER. (a)
2-22 For the purposes of this chapter, a telemarketing call is an
2-23 unsolicited telephone call made to:
2-24 (1) solicit a sale of a consumer good or service;
2-25 (2) solicit an extension of credit for a consumer good
2-26 or service; or
2-27 (3) obtain information that may be used to solicit a
3-1 sale of a consumer good or service or to extend credit for the
3-2 sale.
3-3 (b) This chapter does not apply to a call made:
3-4 (1) by a consumer that is the result of a solicitation
3-5 by a seller or telemarketer or in response to general media
3-6 advertising by direct mail solicitations that clearly,
3-7 conspicuously, and truthfully make all disclosures required by
3-8 federal or state law;
3-9 (2) in connection with:
3-10 (A) an established business relationship; or
3-11 (B) a business relationship that has been
3-12 terminated, if the call is made before the later of the date the
3-13 first Texas no-call list in which the consumer's telephone number
3-14 appears is published or one year after the date of termination;
3-15 (3) between a telemarketer and a business, other than
3-16 by a facsimile solicitation, unless the business informed the
3-17 telemarketer that the business does not wish to receive
3-18 telemarketing calls from the telemarketer;
3-19 (4) to collect a debt; or
3-20 (5) by a state licensee if:
3-21 (A) the call is not made by an automated
3-22 telephone dialing system;
3-23 (B) the solicited transaction is not completed
3-24 until a face-to-face sales presentation by the seller and the
3-25 consumer is not required to pay or authorize payment until after
3-26 the presentation; and
3-27 (C) the consumer has not informed the
4-1 telemarketer that the consumer does not wish to receive
4-2 telemarketing calls from the telemarketer.
4-3 Sec. 43.004. MAKING TELEMARKETING CALL. In this chapter, a
4-4 person makes a telemarketing call if the person effects a
4-5 telemarketing call on the person's own behalf or on behalf of
4-6 another entity. A person makes a telemarketing call on behalf of
4-7 another entity if, as a result of the telemarketing call, the other
4-8 entity:
4-9 (1) can become entitled to receive money or other
4-10 property of any kind from a sale solicited during the call; or
4-11 (2) can receive information that is obtained during
4-12 the call and that is to be used for the purpose of:
4-13 (A) extending or offering to extend credit for a
4-14 consumer good or service to the person solicited; or
4-15 (B) directly soliciting a sale of a consumer
4-16 good or service or extending credit for the sale.
4-17 Sec. 43.005. CONSTRUCTION AND APPLICATION. This chapter
4-18 shall be liberally construed and applied to promote its underlying
4-19 purpose to protect the public against false, misleading, abusive,
4-20 or deceptive practices in the telemarketing business.
4-21 Sec. 43.006. WAIVER PROHIBITED. An attempted waiver of a
4-22 provision of this chapter is void.
4-23 (Sections 43.007-43.050 reserved for expansion
4-24 SUBCHAPTER B. CALLER IDENTIFICATION
4-25 Sec. 43.051. PROHIBITION ON INTERFERENCE WITH CALLER
4-26 IDENTIFICATION SERVICE. (a) A telemarketer may not, in making a
4-27 telemarketing call, block the identity of the telephone number from
5-1 which the telephone call is made to evade devices designed to
5-2 identify telephone callers.
5-3 (b) A telemarketer may not:
5-4 (1) interfere with or circumvent the capability of a
5-5 caller identification service to access or provide to the recipient
5-6 of the telemarketing call any information regarding the call that
5-7 the service is capable of providing; and
5-8 (2) fail to provide caller identification information
5-9 in a manner that is accessible by a caller identification service,
5-10 if the person has capability to provide the information in that
5-11 manner.
5-12 (c) For purposes of this section, the use of
5-13 telecommunications service or equipment that is incapable of
5-14 transmitting caller identification information does not of itself
5-15 constitute interference with or circumvention of the capability of
5-16 a caller identification service to access or provide the
5-17 information.
5-18 Sec. 43.052. ENFORCEMENT; PENALTIES. (a) Except as provided
5-19 by Subsection (c), the commission shall receive and investigate
5-20 complaints concerning violations of this subchapter and may assess
5-21 an administrative penalty not to exceed $1,000 for each violation.
5-22 If the complaint alleges that the person violating this subchapter
5-23 is a telecommunications provider, as defined by Section 51.002,
5-24 Utilities Code, the commission has exclusive jurisdiction over the
5-25 violation alleged in the complaint, notwithstanding Subsection (b).
5-26 (b) Except as provided by Subsection (c), the attorney
5-27 general may investigate violations of this subchapter and file
6-1 civil enforcement actions seeking injunctive relief, attorney's
6-2 fees, and civil penalties in an amount not to exceed $1,000 for
6-3 each violation. If the court finds the defendant wilfully or
6-4 knowingly violated this subchapter, the court may increase the
6-5 amount of the civil penalties to an amount not to exceed $3,000 for
6-6 each violation. A violation of this subchapter is subject to
6-7 enforcement action by the attorney general's consumer protection
6-8 division under Sections 17.47, 17.58, 17.60, and 17.61.
6-9 (c) A state agency that issues a license to a state licensee
6-10 may receive and investigate complaints concerning violations of
6-11 this subchapter by the state licensee, may assess an administrative
6-12 penalty not to exceed $1,000 for each violation, and may order
6-13 restitution of any monetary damages of the complainant. In
6-14 addition, if the agency finds that the licensee wilfully or
6-15 knowingly violated this subchapter, the agency may suspend or
6-16 revoke the state licensee's license.
6-17 (d) Venue for an action under this subchapter is in Travis
6-18 County.
6-19 (Sections 43.053-43.100 reserved for expansion
6-20 SUBCHAPTER C. TEXAS NO-CALL LIST
6-21 Sec. 43.101. COMMISSION TO ESTABLISH TEXAS NO-CALL LISTS.
6-22 (a) The commission shall establish and provide for the operation
6-23 of a database to compile a list of names, addresses, and telephone
6-24 numbers of consumers in this state who object to receiving
6-25 unsolicited telemarketing or telephone calls.
6-26 (b) The commission may contract with a private vendor to
6-27 maintain the Texas no-call list if:
7-1 (1) the private vendor has maintained a national
7-2 no-call list database for more than two years containing the names,
7-3 addresses, and telephone numbers of consumers in this state who
7-4 have previously requested to be added to the vendor's national
7-5 no-call list; and
7-6 (2) the contract requires the vendor to publish the
7-7 Texas portion of the national no-call list in an electronic format
7-8 to any telemarketer who agrees to use the Texas no-call list only
7-9 for the purposes of updating the no-call list of that telemarketer
7-10 by including in its list persons with whom the telemarketer does
7-11 not have an established business relationship.
7-12 (c) The Texas no-call list must contain the name, address,
7-13 and telephone numbers of each consumer in this state who has
7-14 requested to be on that list. The Texas no-call list shall be
7-15 updated and published on January 1, April 1, July 1, and October 1
7-16 of each year. An entry on the Texas no-call list expires on the
7-17 third anniversary of the date the entry is first published on the
7-18 list. An entry may be renewed for successive three-year periods.
7-19 The telephone number of the consumer on the Texas no-call list may
7-20 be deleted from the list on the consumer's written request or if
7-21 the telephone number of the consumer is changed. The commission
7-22 may charge a person a reasonable amount not to exceed $3 for a
7-23 request to place a telephone number on the Texas no-call list
7-24 established by the commission or to renew an entry on the list.
7-25 The commission shall develop and make available a form to be used
7-26 by customers to request to be on the Texas no-call list and shall
7-27 provide a toll-free telephone number and Internet mail address that
8-1 persons may call or write to obtain a copy of the form. A private
8-2 for-profit publisher of a residential telephone directory that is
8-3 distributed to the public at minimal or no cost shall include in
8-4 the directory a prominently displayed toll-free number and Internet
8-5 mail address established by the commission through which a person
8-6 may order a copy of the form.
8-7 Sec. 43.102. TELEMARKETING OF PERSONS ON TEXAS NO-CALL LIST;
8-8 ENFORCEMENT; PENALTIES. (a) A telemarketer may not make a
8-9 telemarketing call to a telephone number that has been published on
8-10 the Texas no-call list more than 60 days after the telephone number
8-11 appears on the then-current list.
8-12 (b) Except as provided by Subsection (d), the commission
8-13 shall receive and investigate complaints concerning violations of
8-14 this subchapter and may assess an administrative penalty not to
8-15 exceed $1,000 for each violation. If the complaint alleges that
8-16 the person violating this subchapter is a telecommunications
8-17 provider, as defined by Section 51.002, Utilities Code, the
8-18 commission has exclusive jurisdiction, notwithstanding Subsection
8-19 (c), over the violation alleged in the complaint, except that this
8-20 does not affect the right of a consumer to bring an action under
8-21 Subsection (f).
8-22 (c) Except as provided in Subsection (d), the attorney
8-23 general may investigate violations of this subchapter and file
8-24 civil enforcement actions seeking injunctive relief, attorney's
8-25 fees, and civil penalties in an amount not to exceed $1,000 for
8-26 each violation. If the court finds the defendant wilfully or
8-27 knowingly violated this subchapter, the court may increase the
9-1 amount of the civil penalties to an amount not to exceed $3,000 for
9-2 each violation. A violation of this subchapter is subject to
9-3 enforcement action by the attorney general's consumer protection
9-4 division under Sections 17.47, 17.58, 17.60, and 17.61.
9-5 (d) A state agency that issues a license to a state licensee
9-6 shall receive and investigate complaints concerning violations of
9-7 this subchapter by the state licensee, may assess an administrative
9-8 penalty not to exceed $1,000 for each violation, and may order
9-9 restitution of any monetary damages of the complainant. In
9-10 addition, if the agency finds that the licensee wilfully or
9-11 knowingly violated this subchapter, the agency may suspend or
9-12 revoke the state licensee's license.
9-13 (e) Venue for an action based on a violation of this
9-14 subchapter is in the county where the telemarketing call was made
9-15 or received, or if brought by the attorney general, commission, or
9-16 a state agency, in Travis County.
9-17 (f) For purposes of this subchapter, a consumer on the Texas
9-18 no-call list is presumed to be adversely affected by a telemarketer
9-19 who calls the consumer more than once and may bring a civil action
9-20 based on the second or a subsequent violation of this subchapter
9-21 if:
9-22 (1) the consumer has notified the telemarketer of the
9-23 alleged violation and not later than the 30th day after the date of
9-24 the call files a verified complaint setting forth the relevant
9-25 facts surrounding the violation with the commission, the attorney
9-26 general, or a state agency that licenses the person making the
9-27 call; and
10-1 (2) the commission, attorney general, or state agency
10-2 receiving the complaint fails to initiate an administrative action
10-3 or a civil enforcement action, as appropriate, against the
10-4 telemarketer named in the complaint before the 121st day after the
10-5 date the complaint is filed.
10-6 (g) If the consumer brings an action based on violation of
10-7 this section and the court finds that the defendant wilfully or
10-8 knowingly violated this section, the court may award damages in an
10-9 amount not to exceed $500 for each violation.
10-10 Sec. 43.103. RULES; CUSTOMER INFORMATION; ISOLATED
10-11 VIOLATION. (a) The commission may adopt rules to administer this
10-12 subchapter. The commission shall adopt rules:
10-13 (1) requiring each local exchange telephone company to
10-14 inform its customers of the requirements of this subchapter by
10-15 annual inserts in billing statements mailed to customers or
10-16 conspicuous publication of the notice in the consumer information
10-17 pages of local telephone directories or other appropriate notice to
10-18 consumers;
10-19 (2) providing that a telemarketing call made to a
10-20 number on the Texas no-call list is not a violation of Section
10-21 43.102 if the telemarketing call is an isolated occurrence made by
10-22 a person who has in place adequate procedures to comply with this
10-23 subchapter; and
10-24 (3) providing for:
10-25 (A) the dissemination of the Texas no-call lists
10-26 in formats, including electronic formats, commonly used by persons
10-27 making telemarketing calls; and
11-1 (B) a fee for each such distribution not to
11-2 exceed $75.
11-3 (b) In addition to requiring the notice under Subsection
11-4 (a)(1), the commission may conduct educational programs designed to
11-5 inform the public of their rights and telemarketers of their
11-6 obligations under this subchapter.
11-7 Sec. 43.104. ASSISTANCE OF DEPARTMENT OF INFORMATION
11-8 RESOURCES. On request of the commission, the Department of
11-9 Information Resources shall assist the commission in administering
11-10 this subchapter.
11-11 (Sections 43.105-43.150 reserved for expansion
11-12 SUBCHAPTER D. FACSIMILE TRANSMISSIONS
11-13 Sec. 43.151. NOTICE IN FACSIMILE SOLICITATION. In addition
11-14 to the technical and procedural standards of federal statutes or
11-15 regulations regarding telephone facsimile machines and
11-16 transmissions, a person in this state who makes or causes to be
11-17 made a facsimile solicitation shall include in the document
11-18 transmitted or on a cover page to the document a statement, in at
11-19 least 12-point type, stating:
11-20 (1) the correct and complete name of the person making
11-21 the facsimile solicitation and street address of the location of
11-22 the person's place of business; and
11-23 (2) a toll-free or local exchange accessible telephone
11-24 number of the person that:
11-25 (A) is answered in the order in which calls are
11-26 received by an individual capable of responding to inquiries from
11-27 recipients of facsimile solicitations at all times after 9 a.m. and
12-1 before 5 p.m. on each day except Saturday and Sunday; or
12-2 (B) automatically and immediately deletes the
12-3 specified telephone number of the recipient.
12-4 Sec. 43.152. ACKNOWLEDGMENT REQUIRED; TRANSMISSION
12-5 PROHIBITED. On receipt of oral or written notification from a
12-6 recipient of a facsimile solicitation not to send any further
12-7 facsimile transmissions to one or more telephone numbers specified
12-8 by the recipient, the person making the facsimile solicitation:
12-9 (1) shall within 24 hours send the recipient a written
12-10 acknowledgment of the recipient's notification; and
12-11 (2) may not make or cause to be made a transmission to
12-12 a telephone number specified by the recipient, except for a single
12-13 transmission to comply with Subdivision (1).
12-14 Sec. 42.153. ENFORCEMENT; PENALTIES. (a) Except as provided
12-15 by Subsection (c), the commission shall receive and investigate
12-16 complaints concerning violations of this subchapter and may assess
12-17 an administrative penalty not to exceed $1,000 for each violation.
12-18 If the complaint alleges that the person violating this subchapter
12-19 is a telecommunications provider, as defined by Section 51.002,
12-20 Utilities Code, the commission has exclusive jurisdiction,
12-21 notwithstanding Subsection (b), over the violation alleged in the
12-22 complaint, except that this does not affect the right of a consumer
12-23 to bring an action under Subsection (e).
12-24 (b) Except as provided by Subsection (c), the attorney
12-25 general may investigate violations of this subchapter and file
12-26 civil enforcement actions seeking injunctive relief, attorney's
12-27 fees, and civil penalties in an amount not to exceed $1,000 for
13-1 each violation. If the court finds the defendant wilfully or
13-2 knowingly violated this subchapter, the court may increase the
13-3 amount of the civil penalties to an amount not to exceed $3,000 for
13-4 each violation. A violation of this subchapter is subject to
13-5 enforcement action by the attorney general's consumer protection
13-6 division under Sections 17.47, 17.58, 17.60, and 17.61.
13-7 (c) A state agency that issues a license to a state licensee
13-8 shall receive and investigate complaints concerning violations of
13-9 this subchapter by the state licensee and may assess an
13-10 administrative penalty not to exceed $1,000 for each violation. In
13-11 addition, if the agency finds that the licensee wilfully or
13-12 knowingly violated this subchapter, the agency may suspend or
13-13 revoke the state licensee's license.
13-14 (d) Venue for an action based on a violation under this
13-15 subchapter is in the county where the telemarketing call was made
13-16 or received, or if brought by the attorney general, commission, or
13-17 a state agency, in Travis County.
13-18 (e) A person may bring a private right of action based on a
13-19 violation of this subchapter:
13-20 (1) to enjoin the violation; and
13-21 (2) for damages in an amount equal to the greater of:
13-22 (A) the person's actual monetary loss from the
13-23 violation; or
13-24 (B) $500 for each violation; or
13-25 (C) for both an injunction and damages.
13-26 (f) If the court finds that the defendant wilfully or
13-27 knowingly violated this section, the court may increase the amount
14-1 of the award to an amount equal to not more than three times the
14-2 amount available under Subsection (e)(2).
14-3 (Sections 43.154-43.200 reserved for expansion
14-4 SUBCHAPTER E. REGULATORY REPORTS
14-5 Sec. 43.201. REPORT BY COMMISSION. Before December 31 of
14-6 each even-numbered year, the commission shall submit a report to
14-7 the lieutenant governor and speaker of the house of
14-8 representatives. The report must contain for the two-year period
14-9 ending August 31 of the year of the report:
14-10 (1) a statement of the number of telephone numbers
14-11 included on the Texas no-call list, the number of no-call lists
14-12 distributed, and the amount collected for those requests and for
14-13 distribution;
14-14 (2) a list of complaints received by the commission
14-15 concerning activities regulated by this chapter, itemized by type;
14-16 (3) a summary of any enforcement efforts made by the
14-17 commission; and
14-18 (4) the commission's recommendations for any changes
14-19 in this chapter.
14-20 Sec. 43.202. REPORT BY ATTORNEY GENERAL. Before December 31
14-21 of each even-numbered year, the attorney general shall submit a
14-22 report to the lieutenant governor and speaker of the house of
14-23 representatives. The report must contain for the two-year period
14-24 ending August 31 of the year of the report:
14-25 (1) a list of complaints received by the attorney
14-26 general concerning activities regulated by this chapter, itemized
14-27 by type;
15-1 (2) a summary of any enforcement efforts made by the
15-2 attorney general; and
15-3 (3) the attorney general's recommendations for any
15-4 changes in this chapter.
15-5 (Sections 43.203-43.250 reserved for expansion
15-6 SUBCHAPTER F. PROVISIONS
15-7 APPLICABLE TO ADMINISTRATIVE PENALTIES
15-8 Sec. 43.251. DETERMINATION OF AMOUNT. The amount of an
15-9 administrative penalty imposed under this chapter shall be based
15-10 on:
15-11 (1) the seriousness of the violation, including the
15-12 nature, circumstances, extent, and gravity of the violation;
15-13 (2) the history of previous violations;
15-14 (3) the amount necessary to deter a future violation;
15-15 (4) efforts to correct the violation; and
15-16 (5) any other matter that justice may require.
15-17 Sec. 43.252. STAY OF PENALTY. The enforcement of the penalty
15-18 may be stayed during the time the order is under judicial review if
15-19 the person pays the penalty to the clerk of the court or files a
15-20 supersedeas bond with the court in the amount of the penalty. A
15-21 person who cannot afford to pay the penalty or file the bond may
15-22 stay the enforcement by filing an affidavit in the manner required
15-23 by the Texas Rules of Civil Procedure for a party who cannot afford
15-24 to file security for costs, subject to the right to contest the
15-25 affidavit as provided by those rules.
15-26 Sec. 43.253. CONTESTED CASE. A proceeding to impose the
15-27 penalty is considered to be a contested case under Chapter 2001,
16-1 Government Code.
16-2 SECTION 2. Sections 35.47(d)-(g), Business & Commerce Code,
16-3 are amended to read as follows:
16-4 (d) [A person who makes or causes to be made a transmission
16-5 to a facsimile recording device for the purpose of a solicitation
16-6 or sale shall include in the document transmitted or on a cover
16-7 page to the document a statement, in at least 12-point type,
16-8 informing the recipient of a toll-free or local exchange accessible
16-9 telephone number at which the recipient may notify the person not
16-10 to send any further transmissions to one or more telephone numbers
16-11 specified by the recipient. On receipt of notification from a
16-12 recipient under this subsection, the person:]
16-13 [(1) shall within 24 hours send the recipient a
16-14 written acknowledgment of the recipient's notification; and]
16-15 [(2) may not make or cause to be made a transmission
16-16 to a number specified by the recipient, except for a single
16-17 transmission to comply with Subdivision (1) of this subsection.]
16-18 [(e)] On complaint of a called person that Subsection (a),
16-19 (b), or (c)[, or (d)] of this section has been violated, the county
16-20 or district attorney of the county in which the person resides
16-21 shall investigate the complaint and file charges if appropriate. A
16-22 telephone company serving the caller or called person is not
16-23 responsible for investigating a complaint or keeping records
16-24 relating to this section.
16-25 (e) [(f)] A person who violates Subsection (a), (b), or
16-26 (c)[, or (d)] of this section commits an offense. An offense under
16-27 this section is a Class C misdemeanor.
17-1 (f) [(g)] A person who receives a communication that
17-2 violates 47 U.S.C. Section 227, a regulation adopted under that
17-3 provision, or this section may bring an action against the person
17-4 who originates the communication in a court of this state for an
17-5 injunction, damages in the amount provided by this subsection, or
17-6 both. A plaintiff prevailing in an action for damages under this
17-7 subsection is entitled to the greater of $500 for each violation or
17-8 the person's actual damages, except that the court may increase the
17-9 amount of the award to not more than the greater of $1,500 for each
17-10 violation or three times the person's actual damages if the court
17-11 finds that the defendant[:]
17-12 [(1)] committed the violation knowingly or
17-13 intentionally[; or]
17-14 [(2) violated Subsection (c) of this section after the
17-15 defendant received a notification under Subsection (d) of this
17-16 section that prohibited transmissions to the telephone number to
17-17 which the transmission in violation of Subsection (c) of this
17-18 section was made].
17-19 SECTION 3. Section 55.1065 and Subchapter G, Chapter 55,
17-20 Utilities Code, are repealed.
17-21 SECTION 4. The Public Utility Commission of Texas shall adopt
17-22 rules required by Section 43.103, Business & Commerce Code, as
17-23 added by this Act, before July 1, 2002.
17-24 SECTION 5. This Act takes effect January 1, 2002, except that
17-25 Section 3 of this Act takes effect immediately if this Act receives
17-26 a vote of two-thirds of all the members elected to each house, as
17-27 provided by Section 39, Article III, Texas Constitution. If this
18-1 Act does not receive the vote necessary for immediate effect,
18-2 Section 3 of this Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 472 was passed by the House on April
5, 2001, by the following vote: Yeas 137, Nays 3, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 472 on May 24, 2001, by the following vote: Yeas 132, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 472 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor