Texas 2023 - 88th Regular

Texas House Bill HB4403 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11584 JES-D
2	2	By: Davis H.B. No. 4403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for and prohibitions on certain
8	8	telemarketing calls.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 301.051(b), Business & Commerce Code, is
11	11	amended to read as follows:
12	12	(b) A telephone solicitor may not make a consumer telephone
13	13	call to a consumer unless:
14	14	(1) the telephone solicitor, immediately after making
15	15	contact with the consumer to whom the call is made, identifies
16	16	within the first 30 seconds of the call and in the solicitor's
17	17	unaltered voice:
18	18	(A) himself or herself by name;
19	19	(B) the business on whose behalf the telephone
20	20	solicitor is calling; and
21	21	(C) the purpose of the call;
22	22	(2) the telephone solicitor makes the call after 12
23	23	noon and before 9 p.m. on a Sunday or after 10 [9] a.m. and before 6
24	24	[9] p.m. on a weekday or a Saturday; and
25	25	(3) for those calls in which an automated dial
26	26	announcing device is used, the device disconnects the consumer's
27	27	telephone line within the period specified by Section 55.126,
28	28	Utilities Code, after either the telephone solicitor or the
29	29	consumer terminates the call.
30	30	SECTION 2. Subchapter B, Chapter 301, Business & Commerce
31	31	Code, is amended by adding Sections 301.0511 and 301.0512 to read as
32	32	follows:
33	33	Sec. 301.0511. REPEAT CALLS PROHIBITED. (a) A telephone
34	34	solicitor may not call the same consumer regarding the same subject
35	35	matter or issue more than two times, regardless of whether the
36	36	telephone solicitor places the call using a different telephone
37	37	number.
38	38	(b) A telephone solicitor may not call the same consumer
39	39	more than once if that consumer requests that the telephone
40	40	solicitor not call, regardless of whether the telephone solicitor
41	41	places the call using a different telephone number.
42	42	Sec. 301.0512. CONSENT REQUIRED FOR CERTAIN CALLS. A
43	43	telephone solicitor may not place a call to a consumer using an
44	44	automated dial announcing device without the consumer's express
45	45	written consent. A written consent provided under this section
46	46	must:
47	47	(1) be signed by the consumer;
48	48	(2) clearly authorize the telephone solicitor's use of
49	49	the automated dial announcing device to place calls to the
50	50	consumer;
51	51	(3) include the telephone number to which the consent
52	52	applies; and
53	53	(4) inform the consumer that the consumer is not
54	54	required to consent to the use of the automated dial announcing
55	55	device.
56	56	SECTION 3. Section 301.103, Business & Commerce Code, is
57	57	amended by adding Subsection (a-1) to read as follows:
58	58	(a-1) For purposes of Subsection (a), each call placed to a
59	59	consumer in violation of Section 301.0511 constitutes a separate
60	60	violation.
61	61	SECTION 4. Section 302.302(a), Business & Commerce Code, is
62	62	amended to read as follows:
63	63	(a) A person who violates this chapter is subject to a civil
64	64	penalty of not more than $10,000 [$5,000] for each violation.
65	65	SECTION 5. The changes in law made by this Act apply only to
66	66	a cause of action that accrues on or after the effective date of
67	67	this Act. A cause of action that accrues before the effective date
68	68	of this Act is governed by the law applicable to the cause of action
69	69	immediately before the effective date of this Act, and that law is
70	70	continued in effect for that purpose.
71	71	SECTION 6. This Act takes effect September 1, 2023.