HBA-BSM, CCH H.B. 3616 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3616
By: Brimer
Business & Industry
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Facsimile devices have become a common medium for advertisements and
solicitations.  However,  current law may not have adequate guidelines to
ensure that those solicitations cease upon request. House Bill 3616
provides additional guidelines and establishes administrative and civil
penalties for solicitors who do not comply with a person's request to have
the solicitations cease. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Public Utility Commission of Texas
in SECTION 3 of this bill. 

ANALYSIS

House Bill 3616 amends the Business & Commerce Code to require a person in
this state who makes or causes a facsimile solicitation to include in the
document transmitted or on a cover page to the document a conspicuous
statement of the complete name of the person making the facsimile
solicitation, the street address of the location of the person's place of
business, and a toll-free or local exchange accessible telephone number of
the person that is answered by an individual capable of responding to
inquiries, or that automatically and immediately deletes the specified
telephone number of the recipient.  If the recipient of a facsimile
solicitation notifies the person making or causing the facsimile
transmission not to send any further facsimile transmissions to one or more
telephone numbers specified by the recipient, the person making the
facsimile solicitation is required to send the recipient a written
acknowledgment of the recipient's notification within 24 hours and is
prohibited from making or causing a transmission to the numbers specified
by the recipient.   

The bill sets forth provisions related to the investigation of consumer
complaints and for the assessment of administrative and civil penalties for
violations of the provisions of this bill.  The bill authorizes a person to
bring a private right of action based on a violation to enjoin the
violation and for damages.  If a court finds that the defendant wilfully or
knowingly violated a provision, the court may increase the amount of the
award. 

The bill repeals law pertaining to requests not to receive telephone
solicitations and the blocking of telephone solicitations. The bill
provides that actions commenced on or after January 1, 2000 related to
telephone solicitations shall not be certified or maintained as class
actions. 

The bill requires the Public Utilities Commission of Texas to adopt rules
to enforce these provisions.   

EFFECTIVE DATE

January 1, 2002.