By: Kolkhorst (Senate Sponsor - Hegar) H.B. No. 989
(In the Senate - Received from the House April 7, 2011;
April 20, 2011, read first time and referred to Committee on
Business and Commerce; May 10, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; May 10, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the listing of a business location of certain
businesses in print advertisements or on Internet websites.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 17.462, Business &
Commerce Code, is amended to read as follows:
Sec. 17.462. LISTING OF BUSINESS LOCATION OF CERTAIN
BUSINESSES [IN DIRECTORY OR DATABASE].
SECTION 2. Sections 17.462(a), (b), (c), and (d), Business &
Commerce Code, are amended to read as follows:
(a) A person may not misrepresent the geographical location
of a business that derives 50 percent or more of its gross income
from the sale or arranging for the sale of flowers or floral
arrangements in the listing of the business:
(1) in a telephone directory or other directory
assistance database;
(2) on an Internet website; or
(3) in a print advertisement.
(b) A person is considered to misrepresent the geographical
location of a business for purposes of Subsection (a) if the name of
the business indicates that the business is located in a
geographical area and:
(1) the business is not located within the
geographical area indicated;
(2) the listing fails to identify the municipality and
state of the business's geographical location; and
(3) a telephone call to the local telephone number:
(A) listed in the directory or database routinely
is forwarded or transferred to a location that is outside the
calling area covered by the directory or database in which the
number is listed; or
(B) provided on the Internet website or in a
print advertisement routinely is forwarded or transferred to a
location that is outside the calling area of the geographical area
as indicated by the name of the business.
(c) A person may place a [directory] listing for a business
described by Subsection (a) the name of which indicates that it is
located in a geographical area that is different from the
geographical area in which the business is located if a conspicuous
notice in the listing states the municipality and state in which the
business is located.
(d) This section does not apply to:
(1) a publisher of a telephone directory or other
publication or a provider of a directory assistance service
publishing or providing information about another business;
(2) an Internet website that aggregates and provides
information about other businesses;
(3) an owner or publisher of a print medium providing
information about other businesses;
(4) an Internet service provider; or
(5) an Internet service that displays or distributes
advertisements for other businesses.
SECTION 3. The change in law made by this Act to Section
17.462, Business & Commerce Code, applies only to a print
advertisement disseminated or an Internet website posting
available for viewing on or after the effective date of this Act. A
print advertisement disseminated or an Internet website posting
available for viewing before the effective date of this Act is
governed by the law in effect when the advertisement was
disseminated or the posting was available for viewing, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.
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