| 1 | 1 | | By: Taylor S.B. No. 1040 |
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| 2 | 2 | | (Bohac) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to automated dial announcing devices. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 55.121, Utilities Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 55.121. DEFINITIONS [DEFINITION]. In this subchapter: |
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| 12 | 12 | | (1) "Automated[, "automated] dial announcing device" |
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| 13 | 13 | | means automated equipment used for telephone solicitation or |
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| 14 | 14 | | collection that can: |
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| 15 | 15 | | (A) [(1)] store telephone numbers to be called or |
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| 16 | 16 | | produce numbers to be called through use of a random or sequential |
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| 17 | 17 | | number generator; and |
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| 18 | 18 | | (B) [(2)] convey, alone or in conjunction with |
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| 19 | 19 | | other equipment, a prerecorded or synthesized voice message to the |
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| 20 | 20 | | number called without the use of a live operator. |
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| 21 | 21 | | (2) "Telephone solicitation" means an unsolicited |
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| 22 | 22 | | call. |
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| 23 | 23 | | SECTION 2. Section 55.122, Utilities Code, is amended to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | Sec. 55.122. EXEMPTIONS. This subchapter does not apply to |
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| 26 | 26 | | the use of an automated dial announcing device: |
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| 27 | 27 | | (1) to make a call relating to an emergency or a public |
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| 28 | 28 | | service under a program developed or approved by the emergency |
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| 29 | 29 | | management coordinator of the county in which the call is received; |
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| 30 | 30 | | [or] |
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| 31 | 31 | | (2) by a public or private primary or secondary school |
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| 32 | 32 | | system to locate or account for a truant student; |
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| 33 | 33 | | (3) by a municipality or a person calling on behalf of |
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| 34 | 34 | | a municipality to deliver information to citizens of the |
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| 35 | 35 | | municipality regarding a public health, safety, or welfare issue; |
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| 36 | 36 | | or |
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| 37 | 37 | | (4) by an organization to a member of the |
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| 38 | 38 | | organization. |
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| 39 | 39 | | SECTION 3. Subchapter F, Chapter 55, Utilities Code, is |
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| 40 | 40 | | amended by adding Section 55.1225 to read as follows: |
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| 41 | 41 | | Sec. 55.1225. APPLICABILITY. This subchapter applies to an |
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| 42 | 42 | | automated dial announcing device used to make a telephone call that |
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| 43 | 43 | | originates or terminates in this state. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2013. |
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