Texas 2009 - 81st Regular

Texas Senate Bill SB2492 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R18646 JSC-F
2	2	By: Deuell S.B. No. 2492
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring notices prior to certain activities involving
8	8	Voice over Internet Protocol telephone service.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 10, Business & Commerce Code,
11	11	is amended by adding Chapter 329 to read as follows:
12	12	CHAPTER 329. NOTICES TO CUSTOMERS OF VOICE OVER INTERNET PROTOCOL
13	13	TELEPHONE SERVICE
14	14	Sec. 329.001. DEFINITIONS. In this chapter:
15	15	(1) "Emergency response center" means an entity with
16	16	which a customer contracts to monitor transmissions from an
17	17	emergency response system and take appropriate action.
18	18	(2) "Emergency response system" means a fire alarm,
19	19	burglar alarm, hold-up, robbery, or medical monitoring system that
20	20	is connected to an emergency response center by means of a
21	21	telecommunications carrier or VoIP telephone service provider.
22	22	(3) "Personal emergency response system" has the
23	23	meaning assigned by Section 781.001, Health and Safety Code.
24	24	(4) "VoIP telephone service" means voice
25	25	communications to residential or business customers over a
26	26	broadband network using Internet Protocol to route calls instead of
27	27	the Public Switched Telephone Network.
28	28	Sec. 329.002. NOTICE BEFORE INSTALLATION OR NUMBER
29	29	ACTIVATION OF VOIP TELEPHONE SERVICE. Before the installation or
30	30	number activation of VoIP telephone service for a customer, the
31	31	service provider shall provide written notice to the customer that:
32	32	(1) the customer's emergency response system or
33	33	personal emergency response system should be tested after
34	34	installation;
35	35	(2) the customer's emergency response system provider
36	36	or alarm systems company monitoring the personal emergency response
37	37	system should be notified after the VoIP telephone service is
38	38	installed; and
39	39	(3) a 24-hour emergency power source must be installed
40	40	in connection with the VoIP telephone service in order for:
41	41	(A) the emergency response system equipment on
42	42	the premises to signal the emergency response center in the event of
43	43	a power outage; or
44	44	(B) the personal emergency response system to
45	45	signal the alarm systems company monitoring the personal emergency
46	46	response system in the event of a power outage.
47	47	Sec. 329.003. NOTICE BEFORE SALE OF EQUIPMENT NECESSARY TO
48	48	CONNECT VOIP TELEPHONE SERVICES. The packaging of equipment that
49	49	is necessary to connect VoIP telephone service must contain a clear
50	50	and conspicuous warning to notify customers of how to ensure proper
51	51	functioning of emergency response systems or personal emergency
52	52	response systems in connection with VoIP telephone service. This
53	53	warning must be in writing and must inform the customer that:
54	54	(1) the customer's emergency response system or
55	55	personal emergency response system should be tested after
56	56	installation;
57	57	(2) the customer's emergency response system provider
58	58	or alarm systems company monitoring the personal emergency response
59	59	system should be notified after the VoIP telephone service is
60	60	installed; and
61	61	(3) a 24-hour emergency power source must be installed
62	62	in connection with the VoIP telephone service in order for:
63	63	(A) the emergency response system equipment on
64	64	the premises to signal the emergency response center in the event of
65	65	a power outage; or
66	66	(B) the personal emergency response system to
67	67	signal the alarm systems company monitoring the personal emergency
68	68	response system in the event of a power outage.
69	69	Sec. 329.004. NOTICE ON INSTALLATION OR ACTIVATION OF
70	70	EMERGENCY RESPONSE SYSTEM OR PERSONAL EMERGENCY RESPONSE SYSTEM.
71	71	On the installation or activation of an emergency response system
72	72	or a personal emergency response system for a customer, a security
73	73	services contractor required to be licensed under Section 1702.102,
74	74	Occupations Code, or a personal emergency response system provider
75	75	required to be licensed under Section 781.102, Health and Safety
76	76	Code, shall inform the customer that:
77	77	(1) the security services contractor or the personal
78	78	emergency response system provider, as applicable, should be
79	79	notified if VoIP telephone service is installed; and
80	80	(2) a 24-hour emergency power source must be installed
81	81	in connection with the VoIP telephone service in order for:
82	82	(A) the emergency response system equipment on
83	83	the premises to signal the emergency response center in the event of
84	84	a power outage; or
85	85	(B) the personal emergency response system to
86	86	signal the alarm systems company monitoring the personal emergency
87	87	response system in the event of a power outage.
88	88	Sec. 329.005. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.
89	89	(a) A person that fails to give notice as required by Section
90	90	329.002, 329.003, or 329.004 commits a false, misleading, or
91	91	deceptive act under Section 17.46.
92	92	(b) A public or private right or remedy under Chapter 17 may
93	93	be used to enforce this chapter.
94	94	SECTION 2. (a) Section 329.002, Business & Commerce Code,
95	95	as added by this Act, applies only to Voice over Internet Protocol
96	96	telephone service installed or activated on or after the effective
97	97	date of this Act. Voice over Internet Protocol telephone service
98	98	installed or activated before the effective date of this Act is
99	99	covered by the law in effect immediately before that date, and the
100	100	former law is continued in effect for that purpose.
101	101	(b) Section 329.003, Business & Commerce Code, as added by
102	102	this Act, applies only to Voice over Internet Protocol equipment
103	103	sold on or after the effective date of this Act. Voice over
104	104	Internet Protocol equipment sold before the effective date of this
105	105	Act is covered by the law in effect immediately before that date,
106	106	and the former law is continued in effect for that purpose.
107	107	(c) Section 329.004, Business & Commerce Code, as added by
108	108	this Act, applies only to an emergency response system or a personal
109	109	emergency response system installed or activated on or after the
110	110	effective date of this Act. An emergency response system or a
111	111	personal emergency response system installed or activated before
112	112	the effective date of this Act is covered by the law in effect
113	113	immediately before that date, and the former law is continued in
114	114	effect for that purpose.
115	115	SECTION 3. This Act takes effect September 1, 2009.