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Texas Business & Commerce Code - Section 44.103. Rules; Customer Information; Isolated Violation

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 44.103. Rules; Customer Information; Isolated Violation

§ 44.103. RULES;  CUSTOMER INFORMATION;  ISOLATED 
VIOLATION.  (a) The commission may adopt rules to administer this 
subchapter.  The commission shall adopt rules:
		(1)  requiring each local exchange telephone company 
and each commercial mobile service provider that provides 
commercial mobile service in this state to inform its customers of 
the requirements of this subchapter by annual inserts in billing 
statements mailed to customers, notification in a customer's 
electronic bill, notification printed on a customer's paper bill, 
notification sent free of charge by messaging service to a 
customer's mobile telephone number, or conspicuous publication of 
the notice in the consumer information pages of local telephone 
directories or other appropriate notice to consumers;
		(2)  providing that a telemarketing call made to a 
number on the Texas no-call list is not a violation of Section 
44.102 if the telemarketing call is an isolated occurrence made by a 
person who has in place adequate procedures to comply with this 
subchapter;  and
		(3)  providing for:                                                           
			(A)  the dissemination of the Texas no-call lists 
in formats, including electronic formats, commonly used by persons 
making telemarketing calls;  and
			(B)  a fee for each such distribution not to 
exceed $75.                   
	(b)  In addition to requiring the notice under Subsection 
(a)(1), the commission may conduct educational programs designed to 
inform the public of their rights and telemarketers of their 
obligations under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1429, § 1, eff. Jan. 1, 2002.  
Amended by Acts 2003, 78th Leg., ch. 399, § 2, eff. June 20, 
2003.  Renumbered from V.T.C.A., Bus. & C. Code § 43.103 and 
amended by Acts 2003, 78th Leg., ch. 1275, § 2(3), 3(1), eff. 
Sept. 1, 2003.

Last modified: August 10, 2007