HBA-ATS, RAR H.B. 450 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 450
By: Pitts
Business & Industry
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

Many telephone marketers use automated dialing systems, rather than
manually dialing numbers, to reach potential customers.  Under the current
statute, marketers are permitted to remain connected to a telephone line
for 30 seconds after the consumer ends the call.  During that period, a
consumer is unable to use the telephone line.  This could pose a problem
for a consumer who needs to use the telephone in an emergency.  H.B. 450
requires the disconnection of a telephone call generated by an automated
dial announcing device within five, rather than 30, seconds after the call
is ended.  

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 37.02(a), Business & Commerce Code, to delete
"where technically possible" and to provide for the disconnection of an
automated dial announcing device according to Section 55.126, Utilities
Code (Device Disconnection), rather than within "30 seconds" after
termination of the call by either party. 

SECTION 2.  Amends Section 55.126, Utilities Code, to require a connection
involving the use of an automated dial announcing device to be severed
within five, rather than 30, seconds of termination of the call by either
party. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.