HBA-DMD, SEB H.B. 23 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 23 By: Goolsby Business & Industry 7/30/1999 Enrolled 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. Prior to the 76th Legislature, Texas had not passed legislation entitling 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 facsimile transmission for the purpose of making a sale under certain conditions. 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 amending Subsections (c) and (d) and adding Subsections (e), (f), and (g), as follows: (c) Prohibits a person from making or causing to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device after 11 p.m. and before 7 a.m. (d) Requires a person who makes or causes to be made a transmission to a facsimile recording device for the purpose of a solicitation or sale to include in the transmission a statement, in at least 12-point type, informing the recipient of a toll-free or local exchange accessible telephone number at which the recipient may notify the person not to send any further transmissions to one or more telephone numbers specified by the recipient. Requires the person, upon receiving notification from a recipient, to send the recipient a written acknowledgment of the recipient's notification within 24 hours. Prohibits the person, upon receiving notification from a recipient, from making or causing to be made a transmission to a number specified by the recipient, except for a single transmission to acknowledge the notification. (e) Requires the county or district attorney of the county in which a person resides to investigate the person's complaint that Subsection (c) or (d) has been violated. Makes a conforming change. (f) Provides that a person who violates Subsection (c) or (d) commits a Class C misdemeanor. Makes conforming changes. (g) 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 bring an action against the person who originates the communication in a court of this state for an injunction, damages in the amount provided by this subsection, or both. Entitles the prevailing plaintiff in an action to $500 for each violation or the person's actual damages, whichever is greater, with certain exceptions. SECTION 2. Makes the application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.