Amend CSHB 2128 by adding the following appropriately
numbered sections to the bill and renumbering existing sections of
the bill accordingly:
      SECTION ____.  Section 3.653(a), Public Utility Regulatory
Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
amended to read as follows:
      (a)  A person may not operate an ADAD to make a telephone
call if the device plays a recorded message when a connection is
completed to a telephone number unless:
            (1)  the person has obtained a permit from the
commission and given written notice specifying the type of device
to each telecommunications utility over whose system the device is
to be used;
            (2)  the device is not used for random number dialing
or to dial numbers determined by successively increasing or
decreasing integers;
            (3)  the message states during the first 30 seconds of
the call the nature of the call, the identity of the person,
company, or organization making the call, and the telephone number
from which the call was made, provided, however, that if an ADAD is
used for debt collection purposes and the use complies with
applicable federal law and regulations, and the ADAD is used by a
live operator for automatic dialing or hold announcement purposes,
the use complies with this subdivision;
            (4)  the device disconnects from the called person's
line not later than 30 seconds after the call is terminated by
either party or if the device cannot disconnect within that period,
a live operator introduces the call and receives the oral consent
of the called person before beginning a prerecorded or synthesized
voice message;
            (5)  the device, when used for solicitation purposes,
has a message shorter than 30 seconds <one minute> or has the
technical capacity to recognize a telephone answering device on the
called person's line and terminates the call within 30 seconds <one
minute>; and
            (6)  for calls terminating in this state, the device is
not used to make a call:
                  (A)  before noon or after 9 p.m. on a Sunday or
before 9 a.m. or after 9 p.m. on a weekday or a Saturday, if the
device is used for solicitation; or
                  (B)  at an hour at which collection calls would
be prohibited under the federal Fair Debt Collection Practices Act
(15 U.S.C. Section 1692 et seq.), if the device is used for
collection purposes.
      SECTION ____.  Section 3.656(e), Public Utility Regulatory
Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is
amended to read as follows:
      (e)  The proceeds of administrative penalties collected under
this section shall be deposited to the credit of the commission and
shall be used by the commission to enforce this subtitle <general
revenue fund>.
      SECTION ____.  Subtitle 0, Public Utility Regulatory Act of
1995 (Article 1446c-0, Vernon's Texas Civil Statutes), is amended
by adding Section 3.661 to read as follows:
      Sec. 3.661.  In addition to the notice required by Section
3.660, the commission shall conduct an educational program designed
to inform the public of their rights under Section 3.659 of this
code, and Section 37.02 of the Business and Commerce Code. The
educational program shall be directed to all residential telephone
subscribers and shall be conducted no less frequently than annually
if funds are available.
      SECTION ____.  (a)  The change in law made to Section
3.653(a), Public Utility Regulatory Act of 1995 (Article 1446c-0
Vernon's Texas Civil Statutes), by this Act applies only to a
violation committed on or after September 1, 1997. For the purposes
of this section, a violation is committed before September 1, 1997,
if any element of the violation occurs before that date.
      (b)  A violation committed before September 1, 1997, is
covered by the law in effect when the violation was committed, and
the former law is continued in effect for this purpose.