S.B. No. 1040
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1040 passed the Senate on
May 8, 2013, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1040 passed the House on
May 22, 2013, by the following vote: Yeas 146, Nays 2, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor