81R18646 JSC-F
By: Deuell S.B. No. 2492
A BILL TO BE ENTITLED
AN ACT
relating to requiring notices prior to certain activities involving
Voice over Internet Protocol telephone service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Business & Commerce Code,
is amended by adding Chapter 329 to read as follows:
CHAPTER 329. NOTICES TO CUSTOMERS OF VOICE OVER INTERNET PROTOCOL
TELEPHONE SERVICE
Sec. 329.001. DEFINITIONS. In this chapter:
(1) "Emergency response center" means an entity with
which a customer contracts to monitor transmissions from an
emergency response system and take appropriate action.
(2) "Emergency response system" means a fire alarm,
burglar alarm, hold-up, robbery, or medical monitoring system that
is connected to an emergency response center by means of a
telecommunications carrier or VoIP telephone service provider.
(3) "Personal emergency response system" has the
meaning assigned by Section 781.001, Health and Safety Code.
(4) "VoIP telephone service" means voice
communications to residential or business customers over a
broadband network using Internet Protocol to route calls instead of
the Public Switched Telephone Network.
Sec. 329.002. NOTICE BEFORE INSTALLATION OR NUMBER
ACTIVATION OF VOIP TELEPHONE SERVICE. Before the installation or
number activation of VoIP telephone service for a customer, the
service provider shall provide written notice to the customer that:
(1) the customer's emergency response system or
personal emergency response system should be tested after
installation;
(2) the customer's emergency response system provider
or alarm systems company monitoring the personal emergency response
system should be notified after the VoIP telephone service is
installed; and
(3) a 24-hour emergency power source must be installed
in connection with the VoIP telephone service in order for:
(A) the emergency response system equipment on
the premises to signal the emergency response center in the event of
a power outage; or
(B) the personal emergency response system to
signal the alarm systems company monitoring the personal emergency
response system in the event of a power outage.
Sec. 329.003. NOTICE BEFORE SALE OF EQUIPMENT NECESSARY TO
CONNECT VOIP TELEPHONE SERVICES. The packaging of equipment that
is necessary to connect VoIP telephone service must contain a clear
and conspicuous warning to notify customers of how to ensure proper
functioning of emergency response systems or personal emergency
response systems in connection with VoIP telephone service. This
warning must be in writing and must inform the customer that:
(1) the customer's emergency response system or
personal emergency response system should be tested after
installation;
(2) the customer's emergency response system provider
or alarm systems company monitoring the personal emergency response
system should be notified after the VoIP telephone service is
installed; and
(3) a 24-hour emergency power source must be installed
in connection with the VoIP telephone service in order for:
(A) the emergency response system equipment on
the premises to signal the emergency response center in the event of
a power outage; or
(B) the personal emergency response system to
signal the alarm systems company monitoring the personal emergency
response system in the event of a power outage.
Sec. 329.004. NOTICE ON INSTALLATION OR ACTIVATION OF
EMERGENCY RESPONSE SYSTEM OR PERSONAL EMERGENCY RESPONSE SYSTEM.
On the installation or activation of an emergency response system
or a personal emergency response system for a customer, a security
services contractor required to be licensed under Section 1702.102,
Occupations Code, or a personal emergency response system provider
required to be licensed under Section 781.102, Health and Safety
Code, shall inform the customer that:
(1) the security services contractor or the personal
emergency response system provider, as applicable, should be
notified if VoIP telephone service is installed; and
(2) a 24-hour emergency power source must be installed
in connection with the VoIP telephone service in order for:
(A) the emergency response system equipment on
the premises to signal the emergency response center in the event of
a power outage; or
(B) the personal emergency response system to
signal the alarm systems company monitoring the personal emergency
response system in the event of a power outage.
Sec. 329.005. APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.
(a) A person that fails to give notice as required by Section
329.002, 329.003, or 329.004 commits a false, misleading, or
deceptive act under Section 17.46.
(b) A public or private right or remedy under Chapter 17 may
be used to enforce this chapter.
SECTION 2. (a) Section 329.002, Business & Commerce Code,
as added by this Act, applies only to Voice over Internet Protocol
telephone service installed or activated on or after the effective
date of this Act. Voice over Internet Protocol telephone service
installed or activated before the effective date of this Act is
covered by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
(b) Section 329.003, Business & Commerce Code, as added by
this Act, applies only to Voice over Internet Protocol equipment
sold on or after the effective date of this Act. Voice over
Internet Protocol equipment sold before the effective date of this
Act is covered by the law in effect immediately before that date,
and the former law is continued in effect for that purpose.
(c) Section 329.004, Business & Commerce Code, as added by
this Act, applies only to an emergency response system or a personal
emergency response system installed or activated on or after the
effective date of this Act. An emergency response system or a
personal emergency response system installed or activated before
the effective date of this Act is covered by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.