HBA-CCH H.B. 1034 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1034
By: Thompson
Business & Industry
2/19/2001
Introduced



BACKGROUND AND PURPOSE 

Some advertisements for television satellite services or equipment, cable
services, and wireless telephone services contain small type or incomplete
information about the costs of services and equipment.  This can make it
difficult for an individual to read the information and for the individual
to obtain the accurate pricing information.  House Bill 1034 prohibits a
person from displaying or publishing information regarding the costs of
these services or equipment unless the information is made conspicuous,
complete, and clear. 

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. 

ANALYSIS

House Bill 1034 amends the Business & Commerce Code relating to a person
who sells or provides to another person in this state, a satellite or cable
television service, wireless telephone or wireless telephone service,
Internet access service provided by use of a wireless telephone, a
satellite television receiver dish, a satellite or cable television
receiver or decoder, or some other equipment in conjunction with these
services.  H.B. 1034 prohibits a person from displaying or publishing
information regarding the price for the service and equipment within a
written advertisement unless the price information is printed in at least
11-point type that is boldfaced, capitalized, underlined, set within a
bordered area, or made conspicuous some other way.  The bill further
provides that the information must be complete and clear regarding service
or equipment charges or penalties the consumer may incur.  A person who
violates a provision is liable to the state for a civil penalty not to
exceed $1,000 for each violation and for each day of a continuing
violation.  The bill authorizes the attorney general or prosecuting
attorney in the county in which the violation occurred to bring suit to
recover the civil penalty.  The attorney general may also bring an action
in the name of the state to restrain or enjoin a person from violating this
provision.    

EFFECTIVE DATE

September 1, 2001.