Texas 2011 - 82nd Regular

Texas House Bill HB989 Compare Versions

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1	1	By: Kolkhorst (Senate Sponsor - Hegar) H.B. No. 989
2	2	(In the Senate - Received from the House April 7, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Business and Commerce; May 10, 2011, reported favorably by the
5	5	following vote: Yeas 9, Nays 0; May 10, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the listing of a business location of certain
11	11	businesses in print advertisements or on Internet websites.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 17.462, Business &
14	14	Commerce Code, is amended to read as follows:
15	15	Sec. 17.462. LISTING OF BUSINESS LOCATION OF CERTAIN
16	16	BUSINESSES [IN DIRECTORY OR DATABASE].
17	17	SECTION 2. Sections 17.462(a), (b), (c), and (d), Business &
18	18	Commerce Code, are amended to read as follows:
19	19	(a) A person may not misrepresent the geographical location
20	20	of a business that derives 50 percent or more of its gross income
21	21	from the sale or arranging for the sale of flowers or floral
22	22	arrangements in the listing of the business:
23	23	(1) in a telephone directory or other directory
24	24	assistance database;
25	25	(2) on an Internet website; or
26	26	(3) in a print advertisement.
27	27	(b) A person is considered to misrepresent the geographical
28	28	location of a business for purposes of Subsection (a) if the name of
29	29	the business indicates that the business is located in a
30	30	geographical area and:
31	31	(1) the business is not located within the
32	32	geographical area indicated;
33	33	(2) the listing fails to identify the municipality and
34	34	state of the business's geographical location; and
35	35	(3) a telephone call to the local telephone number:
36	36	(A) listed in the directory or database routinely
37	37	is forwarded or transferred to a location that is outside the
38	38	calling area covered by the directory or database in which the
39	39	number is listed; or
40	40	(B) provided on the Internet website or in a
41	41	print advertisement routinely is forwarded or transferred to a
42	42	location that is outside the calling area of the geographical area
43	43	as indicated by the name of the business.
44	44	(c) A person may place a [directory] listing for a business
45	45	described by Subsection (a) the name of which indicates that it is
46	46	located in a geographical area that is different from the
47	47	geographical area in which the business is located if a conspicuous
48	48	notice in the listing states the municipality and state in which the
49	49	business is located.
50	50	(d) This section does not apply to:
51	51	(1) a publisher of a telephone directory or other
52	52	publication or a provider of a directory assistance service
53	53	publishing or providing information about another business;
54	54	(2) an Internet website that aggregates and provides
55	55	information about other businesses;
56	56	(3) an owner or publisher of a print medium providing
57	57	information about other businesses;
58	58	(4) an Internet service provider; or
59	59	(5) an Internet service that displays or distributes
60	60	advertisements for other businesses.
61	61	SECTION 3. The change in law made by this Act to Section
62	62	17.462, Business & Commerce Code, applies only to a print
63	63	advertisement disseminated or an Internet website posting
64	64	available for viewing on or after the effective date of this Act. A
65	65	print advertisement disseminated or an Internet website posting
66	66	available for viewing before the effective date of this Act is
67	67	governed by the law in effect when the advertisement was
68	68	disseminated or the posting was available for viewing, and the
69	69	former law is continued in effect for that purpose.
70	70	SECTION 4. This Act takes effect September 1, 2011.
71	71	* * * * *