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Texas Business & Commerce Code - Section 44.101. Commission To Establish Texas No-Call Lists

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 44.101. Commission To Establish Texas No-Call Lists

§ 44.101. COMMISSION TO ESTABLISH TEXAS NO-CALL 
LISTS.  (a) The commission shall establish and provide for the 
operation of a database to compile a list of names, zip codes, and 
telephone numbers of consumers in this state who object to 
receiving unsolicited telemarketing or telephone calls.
	(b)  The commission may contract with a private vendor to 
maintain the Texas no-call list if:
		(1)  the private vendor has maintained a no-call list 
database containing the names and telephone numbers of consumers 
who have previously requested to be added to a no-call list;  and
		(2)  the contract requires the vendor to publish the 
Texas portion of the national no-call list in an electronic format 
to any telemarketer who agrees to use the Texas no-call list only 
for the purposes of updating the no-call list of that telemarketer 
by including in its list persons with whom the telemarketer does not 
have an established business relationship.
	(c)  The Texas no-call list is a combined list consisting of 
the name and telephone numbers of each consumer in this state who 
has requested to be on that list and of each person in the portion of 
the national do-not-call registry maintained by the United States 
government that relates to this state.  The Texas no-call list shall 
be updated and published on January 1, April 1, July 1, and October 
1 of each year.  An entry on the Texas no-call list expires on the 
third anniversary of the date the entry is first published on the 
list.  An entry may be renewed for successive three-year periods.  
The telephone number of the consumer on the Texas no-call list may 
be deleted from the list on the consumer's written request or if the 
telephone number of the consumer is changed.  The commission may 
charge a person a reasonable amount not to exceed $3 for a request 
to place a telephone number on the Texas no-call list or to renew an 
entry on the list, except that the commission shall provide for a 
method of placement or renewal of an entry by use of the Internet at 
no charge.  The commission shall develop and make available an 
Internet website at which a person may request that a telephone 
number be placed on the Texas no-call list and shall provide a 
toll-free telephone number and a mailing address that persons may 
call or write to obtain a copy of a form to request placement of a 
telephone number on the Texas no-call list.  A private for-profit 
publisher of a residential telephone directory that is distributed 
to the public at minimal or no cost shall include in the directory a 
prominently displayed Internet website address, toll-free number, 
and mailing address established by the commission through which a 
person may request placement of a telephone number on the Texas 
no-call list or order a copy of the form to make this request.
	(d)  The commission or its designee may provide information 
on the Texas no-call list to the administrator of the national 
do-not-call registry and may allow placement of the names and 
telephone numbers contained on the Texas no-call list in the 
national do-not-call registry.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Amended by Acts 2003, 78th Leg., ch. 401, § 1, eff. June 20, 
2003.  Renumbered from V.T.C.A., Bus. & C. Code § 43.101 by Acts 
2003, 78th Leg., ch. 1275, § 2(3), eff. Sept. 1, 2003.  Amended 
by Acts 2005, 79th Leg., ch. 171, § 1, eff. May 27, 2005.

Last modified: August 10, 2007