HBA-MPM C.S.H.B. 1034 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1034
By: Thompson
Business & Industry
4/27/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Some advertisements for television satellite services or equipment, 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. C.S.H.B. 1034 prohibits a person from
displaying or publishing information regarding the costs of these services
or equipment unless the information is printed in at least eight-point
type. 

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

C.S.H.B. 1034 amends the Business & Commerce Code to prohibit a person who
sells or provides to another person in this state a satellite 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 television receiver or decoder, or other
equipment in conjunction with these services 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
eight-point type.  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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1034 differs from the original bill by removing cable television
service as a service for which the advertisement restrictions apply.   

The substitute specifies that a person is prohibited from displaying or
publishing a written advertisement containing pricing information regarding
the services and equipment unless the information is printed in at least
eight-point type, whereas the original required the information to be
printed in at least 11-point type that is bolded, capitalized, underlined,
set within a bordered area, or otherwise made conspicuous from surrounding
written material and complete and clear as to the consumer's financial
obligations.