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H.B. No. 2553
AN ACT
relating to the publication of mobile service customer telephone
numbers by commercial mobile service providers; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 64, Utilities Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. PUBLICATION OF MOBILE SERVICE CUSTOMER TELEPHONE
NUMBERS
Sec. 64.201. DEFINITION. In this subchapter, "commercial
mobile service provider" means a provider of commercial mobile
service as defined by Section 332(d), Communications Act of 1934
(47 U.S.C. Section 151 et seq.), Federal Communications Commission
rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L.
No. 103-66).
Sec. 64.202. CONSENT REQUIRED. (a) A commercial mobile
service provider doing business in this state may not publish in a
directory or provide for publication in a directory the name and
telephone number of a mobile service customer in this state without
the express consent of the customer. The consent of a customer must
be given:
(1) in writing on a separate document that includes
the customer's signature and the date;
(2) verbally; or
(3) on a website maintained by the commercial mobile
service provider.
(b) Before a customer consents under Subsection (a), a
commercial mobile service provider must disclose to the customer in
writing or verbally, as appropriate, that:
(1) by consenting the customer agrees to have the
customer's telephone number sold or licensed as part of a list of
customers and the customer's telephone number may be included in a
publicly available directory; and
(2) if the customer's calling plan bills the customer
for unsolicited calls or text messages from a telemarketer, by
consenting to have the customer's telephone number sold or licensed
as part of a list of customers or be included in a publicly
available directory, the customer may incur additional charges for
receiving unsolicited calls or text messages.
(c) A customer who consents under Subsection (a) may revoke
that consent at any time. A commercial mobile service provider
shall comply with the customer's request not later than the 60th day
after the date the request is made.
(d) A commercial mobile service provider may not bill a
mobile services customer for not consenting under Subsection (a).
Sec. 64.203. VIOLATIONS. (a) The attorney general may
investigate violations of this subchapter and file civil
enforcement actions seeking injunctive relief, attorney's fees,
and civil penalties in an amount not to exceed $1,000 for each
violation. If the court finds the defendant wilfully or knowingly
violated this subchapter, the court may increase the amount of the
civil penalties to an amount not to exceed $3,000 for each
violation.
(b) Chapter 15 does not apply to a violation of this
subchapter.
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2553 was passed by the House on April
21, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2553 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor