By: Taylor S.B. No. 1040 A BILL TO BE ENTITLED AN ACT relating to automated dial announcing devices. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 55.121, Utilities Code, is amended to read as follows: Sec. 55.121. DEFINITIONS [DEFINITION]. In this subchapter: (1) "Automated[, "automated] dial announcing device" means automated equipment used for telephone solicitation or collection that can: (A) [(1)] store telephone numbers to be called or produce numbers to be called through use of a random or sequential number generator; and (B) [(2)] convey, alone or in conjunction with other equipment, a prerecorded or synthesized voice message to the number called without the use of a live operator. (2) "Telephone solicitation" means an unsolicited call. SECTION 2. Section 55.122, Utilities Code, is amended to read as follows: Sec. 55.122. EXEMPTIONS. This subchapter does not apply to the use of an automated dial announcing device: (1) to make a call relating to an emergency or a public service under a program developed or approved by the emergency management coordinator of the county in which the call is received; [or] (2) by a public or private primary or secondary school system to locate or account for a truant student; (3) by a municipality or a person calling on behalf of a municipality to deliver information to citizens of the municipality regarding a public health, safety, or welfare issue; or (4) by an organization to a member of the organization. SECTION 3. Subchapter F, Chapter 55, Utilities Code, is amended by adding Section 55.1225 to read as follows: Sec. 55.1225. APPLICABILITY. This subchapter applies to an automated dial announcing device used to make a telephone call that originates or terminates in this state. SECTION 4. This Act takes effect September 1, 2013.