H.B. No. 989

	AN ACT
	relating to the listing of a business location of certain
	businesses in print advertisements or on Internet websites.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 17.462, Business &
	Commerce Code, is amended to read as follows:
	Sec. 17.462.  LISTING OF BUSINESS LOCATION OF CERTAIN
	BUSINESSES [IN DIRECTORY OR DATABASE].
	SECTION 2.  Sections 17.462(a), (b), (c), and (d), Business &
	Commerce Code, are amended to read as follows:
	(a)  A person may not misrepresent the geographical location
	of a business that derives 50 percent or more of its gross income
	from the sale or arranging for the sale of flowers or floral
	arrangements in the listing of the business:
	(1)  in a telephone directory or other directory
	assistance database;
	(2)  on an Internet website; or
	(3)  in a print advertisement.
	(b)  A person is considered to misrepresent the geographical
	location of a business for purposes of Subsection (a) if the name of
	the business indicates that the business is located in a
	geographical area and:
	(1)  the business is not located within the
	geographical area indicated;
	(2)  the listing fails to identify the municipality and
	state of the business's geographical location; and
	(3)  a telephone call to the local telephone number:
	(A)  listed in the directory or database routinely
	is forwarded or transferred to a location that is outside the
	calling area covered by the directory or database in which the
	number is listed; or
	(B)  provided on the Internet website or in a
	print advertisement routinely is forwarded or transferred to a
	location that is outside the calling area of the geographical area
	as indicated by the name of the business.
	(c)  A person may place a [directory] listing for a business
	described by Subsection (a) the name of which indicates that it is
	located in a geographical area that is different from the
	geographical area in which the business is located if a conspicuous
	notice in the listing states the municipality and state in which the
	business is located.
	(d)  This section does not apply to:
	(1)  a publisher of a telephone directory or other
	publication or a provider of a directory assistance service
	publishing or providing information about another business;
	(2)  an Internet website that aggregates and provides
	information about other businesses;
	(3)  an owner or publisher of a print medium providing
	information about other businesses;
	(4)  an Internet service provider; or
	(5)  an Internet service that displays or distributes
	advertisements for other businesses.
	SECTION 3.  The change in law made by this Act to Section
	17.462, Business & Commerce Code, applies only to a print
	advertisement disseminated or an Internet website posting
	available for viewing on or after the effective date of this Act. A
	print advertisement disseminated or an Internet website posting
	available for viewing before the effective date of this Act is
	governed by the law in effect when the advertisement was
	disseminated or the posting was available for viewing, and the
	former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 989 was passed by the House on April
	6, 2011, by the following vote:  Yeas 142, Nays 1, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 989 was passed by the Senate on May
	17, 2011, by the following vote:  Yeas 31, Nays 0
	.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor