reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.013. Limitations on Discontinuance of Basic Local Telecommunications Service

Sec. 55.013.  LIMITATIONS ON DISCONTINUANCE OF BASIC LOCAL TELECOMMUNICATIONS SERVICE.  (a)  A provider of basic local telecommunications service may not discontinue that service because of nonpayment by a residential customer of charges for long distance service.  Payment shall first be allocated to basic local telecommunications service.
(b)  For purposes of allocating payment in this section, if the provider of basic local telecommunications service bundles its basic local telecommunications service with long distance service or any other service and provides a discount for the basic local telecommunications service because of that bundling, the rate of basic local telecommunications service shall be the rate the provider charges for stand-alone basic local telecommunications service.
(c)  Notwithstanding Subsection (a), the commission shall adopt and implement rules, not later than January 1, 2000, to prevent customer abuse of the protections afforded by this section.  The rules must include:
(1)  provisions requiring a provider of basic local telecommunications service to offer and implement toll blocking capability to limit a customer's ability to incur additional charges for long distance services after nonpayment for long distance services;  and
(2)  provisions regarding fraudulent activity in response to which a provider may discontinue a residential customer's basic local telecommunications service.
(d)  Notwithstanding any other provision of this title, the commission has all jurisdiction necessary to establish a maximum price that an incumbent local exchange company may charge a long distance service provider to initiate the toll blocking capability required to be offered under the rules adopted under Subsection (c).  The maximum price established under this subsection shall be observed by all providers of basic local telecommunications service in the incumbent local exchange company's certificated service area.  Notwithstanding Sections 52.102 and 52.152, the commission has all jurisdiction necessary to enforce this section.
(e)  A provider of basic local exchange telecommunications service shall comply with the requirements of this section not later than March 1, 2000.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.014. Provision of Advanced Telecommunications Services

Sec. 55.014.  PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES.  (a)  In this section, "advanced service" means any telecommunications service other than residential or business basic local exchange telephone service, caller identification service, and customer calling features.
(b)  This section applies to a company electing under Chapter 58 or a company that holds a certificate of operating authority or service provider certificate of operating authority.
(c)  Notwithstanding any other provision of this title, beginning September 1, 2001, a company to which this section applies that provides advanced telecommunications services within the company's urban service areas, shall, on a bona fide retail request for those services, provide in rural areas of this state served by the company advanced telecommunications services that are reasonably comparable to the advanced services provided in urban areas.  The company shall offer the advanced telecommunications services:
(1)  at prices, terms, and conditions that are reasonably comparable to the prices, terms, and conditions for similar advanced services provided by the company in urban areas;  and
(2)  within 15 months after the bona fide request for those advanced services.
(d)  Notwithstanding any other provision of this title, a company to which this section applies shall, on a bona fide retail request for those services, offer caller identification service and custom calling features in rural areas served by the company.  The company shall offer the services:
(1)  at prices, terms, and conditions reasonably comparable to the company's prices, terms, and conditions for similar services in urban areas;  and
(2)  within 15 months after the bona fide request for those services.
(e)  This section may not be construed to require a company to:
(1)  begin providing services in a rural area in which the company does not provide local exchange telephone service;  or
(2)  provide a service in a rural area of this state unless the company provides the service in urban areas of this state.
(f)  For purposes of this section, a company to which this section applies is considered to provide services in urban areas of this state if the company provides services in a municipality with a population of more than 190,000.
(g)  Notwithstanding any other provision of this title, the commission has all jurisdiction necessary to enforce this section.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 20, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.016. Telecommunications Billing

Sec. 55.016.  TELECOMMUNICATIONS BILLING.  (a)  The proliferation of charges for separate services, products, surcharges, fees, and taxes on a bill for telecommunications products or services has increased the complexity of those bills to such an extent that in some cases the bills have become difficult for customers to understand.
(b)  A bill from a local exchange company for telecommunications products or services should be consistent with providing customers sufficient information about the charges included in the bill to understand the basis and source of the charges.
(c)  To the extent permitted by law, a monthly bill from a local exchange company for local exchange telephone service shall clearly identify all charges including basic local service charges, fees, carrier's charges, assessments, surcharges, optional services, and taxes.
(d)  Local exchange carriers shall annually file a copy of that portion of their bill that has not been previously approved by the commission for compliance review with this section.
(e)  The commission shall have all necessary authority to enforce this section.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 18, eff. Mar. 1, 2000.  Amended by Acts 2001, 77th Leg., ch. 963, Sec. 1, eff. June 14, 2001.  Renumbered from Sec. 55.012 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(110), eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter A. General Provisions › Section 55.017. Identification Required

Sec. 55.017.  IDENTIFICATION REQUIRED.  (a)  A representative of a telecommunications provider or a video or cable service provider that has an easement in or a right-of-way over or through real property must show proof of identification to the owner of the real property when entering the property if requested by the owner.
(b)  This section does not apply to regularly scheduled service readings or examinations.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 10, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter B. Extended Area Service › Section 55.021. Extended Area Service

Sec. 55.021.  EXTENDED AREA SERVICE.  After notice and a hearing, the commission may order one or more local exchange companies that are dominant carriers to provide:
(1)  mandatory extended area service in accordance with Section 55.022;  or
(2)  optional extended area service in accordance with Section 55.023.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter B. Extended Area Service › Section 55.022. Mandatory Service

Sec. 55.022.  MANDATORY SERVICE.  The commission may order mandatory extended area service in a specified metropolitan area if:
(1)  there is a sufficient community of interest in the area;  and
(2)  the company can reasonably provide the service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter B. Extended Area Service › Section 55.023. Optional Extended Area Service

Sec. 55.023.  OPTIONAL EXTENDED AREA SERVICE.  (a)  The commission may order optional extended area service in a specified calling area if:
(1)  each affected company and the representatives of at least one political subdivision in the proposed calling area agree to the service;  and
(2)  the proposed common calling area has a single, continuous boundary.
(b)  The commission may not adopt rules that diminish in any manner the ability of an affected company or a political subdivision to enter into joint agreements for optional extended area service under this section.
(c)  In this section, "political subdivision" means:
(1)  a county;
(2)  a municipality;  or
(3)  an unincorporated town or village that has 275 or more access lines.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter B. Extended Area Service › Section 55.024. Charge for Extended Area Service

Sec. 55.024.  CHARGE FOR EXTENDED AREA SERVICE.  (a)  An incumbent local exchange company that provides mandatory two-way extended area service to customers shall impose for that service a separately stated monthly charge of $3.50 a line for a residential customer and $7 a line for a business customer if, on September 1, 1995, the company:
(1)  served more than 1,000,000 access lines in this state;  and
(2)  imposed a separately stated monthly charge for mandatory two-way extended area service of more than $3.50 a line for a residential customer and more than $7 a line for a business customer.
(b)  The company shall recover all costs incurred and all loss of revenue that results from imposition of the rates prescribed by Subsection (a) in the manner prescribed by Section 55.048(c).
(c)  The rate limitation prescribed by Subsection (a) does not apply to a separately stated monthly charge for:
(1)  extended area service in or into a metropolitan exchange;  or
(2)  extended metropolitan service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter B. Extended Area Service › Section 55.025. Hunting Service

Sec. 55.025.  HUNTING SERVICE.  (a)  A local exchange company shall make available, at a reasonable tariffed rate, hunting service from local exchange lines to extended metropolitan service lines.
(b)  The company may not require a customer to purchase additional extended metropolitan service to obtain the hunting service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter B. Extended Area Service › Section 55.026. New Orders Prohibited After Certain Date

Sec. 55.026.  NEW ORDERS PROHIBITED AFTER CERTAIN DATE.  On or after September 1, 2011, the commission may not require a telecommunications provider to provide mandatory or optional extended area service to additional metropolitan areas or calling areas.
Added by Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.041. Definitions

Sec. 55.041.  DEFINITIONS.  In this subchapter, "metropolitan exchange," "local calling area of a metropolitan exchange," and "exchange" have the meanings and boundaries assigned by the commission on September 1, 1993.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.042. Contiguous Exchange

Sec. 55.042.  CONTIGUOUS EXCHANGE.  The commission may expand a toll-free local calling area into an exchange that is not in a metropolitan exchange but is in a local calling area that is contiguous to a metropolitan exchange that the commission determines has a community of interest with the exchange for which a petition is filed under this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.043. Splitting Exchanges Prohibited

Sec. 55.043.  SPLITTING EXCHANGES PROHIBITED.  Notwithstanding any other provision of this subchapter, the commission may not split a petitioning or requested exchange in establishing a toll-free local calling area.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.044. Exemption

Sec. 55.044.  EXEMPTION.  (a)  The commission may not require an incumbent local exchange company serving the petitioning or requested exchange to expand the company's toll-free local calling area under this subchapter if:
(1)  the incumbent local exchange company has fewer than 10,000 access lines;
(2)  the petitioning or requested exchange is served by a telephone cooperative corporation;
(3)  extended area service or extended metropolitan service is available between the exchanges;
(4)  the petitioning or requested exchange is a metropolitan exchange;  or
(5)  the commission determines that the company has shown that to serve the area is not geographically or technologically feasible.
(b)  To promote the wide dispersion of pay telephones, the commission may:
(1)  exempt pay telephones from this subchapter;  or
(2)  change the rates charged for calls from pay telephones.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.045. Eligibility to Petition

Sec. 55.045.  ELIGIBILITY TO PETITION.  The telephone subscribers of an incumbent local exchange company exchange that serves not more than 10,000 access lines may petition the commission for expansion of the company's toll-free local calling area if:
(1)  the petitioning exchange's central switching office is located within 22 miles, using vertical and horizontal geographic coordinates, of the central switching office of the exchange requested for expanded local calling service;  or
(2)  the petitioning exchange's central office is not more than 50 miles from the central office of the exchange requested for expanded local calling service and the exchanges share a community of interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.046. Petition Requirements

Sec. 55.046.  PETITION REQUIREMENTS.  (a)  A petition under this subchapter must be signed by a number of the exchange's subscribers equal at least to the lesser of 100 of the exchange's subscribers or five percent of the exchange's subscribers.
(b)  An exchange that petitions under Section 55.045(2) must demonstrate in the petition that the exchange shares a community of interest with the requested exchange.
(c)  For purposes of this section, the relationships between exchanges that create a community of interest include:
(1)  a relationship because of schools, hospitals, local governments, or business centers;  or
(2)  other relationships that would make the unavailability of expanded local calling service a hardship for the residents of the area.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.047. Balloting and Consideration

Sec. 55.047.  BALLOTING AND CONSIDERATION.  (a)  If the commission receives a petition that complies with this subchapter, the commission shall order the incumbent local exchange company to provide ballots to the subscribers in the petitioning exchange.
(b)  The commission shall consider the request for expansion of the toll-free local calling area if at least 70 percent of the subscribers who vote do so in favor of the expansion.
(c)  The commission by rule shall provide for an expedited hearing on the issue of expansion.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.048. Charges

Sec. 55.048.  CHARGES.  (a)  The incumbent local exchange company shall recover all costs incurred and all loss of revenue from an expansion of a toll-free local calling area under this subchapter through a request other than a revenue requirement showing by imposing a monthly fee under Subsection (b) or (c), or both.
(b)  The company may impose a monthly fee against each residential and business customer in the petitioning exchange.  The fee may not exceed $3.50 a line for a residential customer and $7 a line for a business customer unless the customer's toll-free local calling area includes more than five exchanges.  The company may impose an additional monthly fee of $1.50 for each exchange in excess of five.  This subsection applies regardless of the number of petitions required to obtain access to the exchanges.  A company may impose a fee under this subsection only until the company's next general rate case.
(c)  The company may impose a monthly fee against each of the company's local exchange service customers in this state.  This fee is in addition to the company's local exchange rates.
(d)  The company may not recover regulatory case expenses under this subchapter by imposing a surcharge on the subscribers of the petitioning exchange.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter C. Expanded Toll-Free Local Calling Areas › Section 55.049. Expansion Prohibited After Certain Date

Sec. 55.049.  EXPANSION PROHIBITED AFTER CERTAIN DATE.  On or after September 1, 2011, the commission may not order an expansion of a toll-free local calling area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.081. Definition

Sec. 55.081.  DEFINITION.  In this subchapter, "operator service" means a service using live operator or automated operator functions to handle telephone service such as toll calling using collect, third-number billing, and calling card services.  The term does not include a call for which the called party has arranged to be billed (800 service).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.082. Applicability

Sec. 55.082.  APPLICABILITY.  Except as provided by Section 55.088, this subchapter applies only to a telecommunications utility that is not a dominant carrier.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.083. Rules and Procedures

Sec. 55.083.  RULES AND PROCEDURES.  (a)  The commission may adopt rules and establish procedures to enforce and implement this subchapter.
(b)  A rule adopted under this subchapter must be nondiscriminatory and designed to promote competition that facilitates consumer choice.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.084. Information Displayed on Public Use Telephone

Sec. 55.084.  INFORMATION DISPLAYED ON PUBLIC USE TELEPHONE.  (a)  An operator service provider shall furnish each entity with which it contracts to provide operator service a sticker, card, or other form of information approved by the commission for each telephone that:
(1)  has access to the service;  and
(2)  is intended for use by the public.
(b)  The commission may grant the owner of a telephone approval for an alternative form of information.
(c)  The information must state:
(1)  the provider's name;
(2)  that the operator service provider will provide rate information on a caller's request;
(3)  that a caller, on the caller's request, will be informed of the method of access to the local exchange carrier operator;  and
(4)  that a complaint about the service may be made to the provider or to the commission at the designated telephone number.
(d)  The operator service provider shall by contract require an entity receiving information to display the information on or near each telephone for which the operator service provider is required to furnish the information.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.085. Connection Announcement

Sec. 55.085.  CONNECTION ANNOUNCEMENT.  Before connecting a call, the operator service provider shall:
(1)  announce the provider's name;  and
(2)  at the caller's request, quote the rate and any other fee or surcharge that applies to the call and is charged by the provider.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.086. Information Required on Access to Local Exchange Company Operator

Sec. 55.086.  INFORMATION REQUIRED ON ACCESS TO LOCAL EXCHANGE COMPANY OPERATOR.  (a)  An operator service provider, on a caller's request, shall inform the caller of the method of access to the local exchange carrier operator serving the exchange from which the call is made.
(b)  A charge may not be made for information provided under this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.087. Access to Local Exchange Company and Other Utilities Required

Sec. 55.087.  ACCESS TO LOCAL EXCHANGE COMPANY AND OTHER UTILITIES REQUIRED.  (a)  The commission by rule shall require an operator service provider to include in its contract with each entity through which it provides operator service a provision that requires each telephone subscribed to its service to allow access to:
(1)  the local exchange carrier operator serving the exchange from which the call is made;  and
(2)  other telecommunications utilities.
(b)  To prevent fraudulent use of its service, an operator service provider or an entity through which it provides operator service may block the access described by Subsection (a) by obtaining a waiver for this purpose from the commission or the Federal Communications Commission.  The commission by rule shall establish the procedure and criteria for obtaining a waiver from the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.088. Access to Live Operator Required

Sec. 55.088.  ACCESS TO LIVE OPERATOR REQUIRED.  (a)  A dominant or nondominant telecommunications utility that provides operator service shall ensure that a caller has access to a live operator at the beginning of a live or mechanized operator-assisted call through a method designed to be easily and clearly understandable and accessible to the caller.
(b)  A telecommunications utility described by Subsection (a) shall submit to the commission for review the method by which the utility will provide access to a live operator.
(c)  This section applies regardless of the method by which the telecommunications utility provides operator service.
(d)  This section does not apply to a telephone located in a prison or jail facility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter D. Operator Service Providers › Section 55.089. Commission May Investigate and Act on Violation

Sec. 55.089.  COMMISSION MAY INVESTIGATE AND ACT ON VIOLATION.  (a)  If the commission determines that an operator service provider has violated or is about to violate this subchapter, the commission, after notice and evidentiary hearing, may take action to stop, correct, or prevent the violation.
(b)  The commission may investigate a complaint that it receives concerning an operator service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.101. Definitions

Sec. 55.101.  DEFINITIONS.  In this subchapter:
(1)  "Caller identification information" means any information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone, including the telephone listing number or the name of the customer from whose telephone a telephone number is dialed.
(2)  "Caller identification service" means a service that provides caller identification information to a device that can display the information.
(3)  "Per-call blocking" means a telecommunications service that prevents caller identification information from being transmitted to a called party on an individual call when the calling party affirmatively acts to prevent the transmission.
(4)  "Per-line blocking" means a telecommunications service that prevents caller identification information from being transmitted to a called party on each call unless the calling party affirmatively acts to permit the transmission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.102. Applicability

Sec. 55.102.  APPLICABILITY.  (a)  This subchapter applies only to the provision of caller identification service.
(b)  This subchapter does not apply to:
(1)  an identification service that is used in a limited system, including a central office based PBX-type system;
(2)  information that is used on a public agency's emergency telephone line or on a line that receives the primary emergency telephone number (911);
(3)  information exchanged between telecommunications utilities, enhanced service providers, or other entities that is necessary for the setting up, processing, transmission, or billing of telecommunications or related services;
(4)  information provided in compliance with applicable law or legal process;  or
(5)  an identification service provided in connection with a 700, 800, or 900 access code telecommunications service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.103. Provision of Service

Sec. 55.103.  PROVISION OF SERVICE.  (a)  A telecommunications utility may offer caller identification services under this subchapter only if the utility obtains written authorization from the commission.
(b)  A commercial mobile service provider may offer caller identification services in accordance with Sections 55.104, 55.105, 55.106, 55.1065, and 55.107.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.05(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.104. Use of Information

Sec. 55.104.  USE OF INFORMATION.  (a)  A person may not use a caller identification service to compile and sell specific local call information without the affirmative approval of the originating telephone customer.
(b)  This section does not prohibit a provider of caller identification service from:
(1)  verifying network performance or testing the caller identification service;
(2)  compiling, using, and disclosing aggregate caller identification information;  or
(3)  complying with applicable law or legal process.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.105. Per-Call Blocking

Sec. 55.105.  PER-CALL BLOCKING.  Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-call blocking to each telephone subscriber in the specific area in which the service is offered.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.05(b), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.106. Per-Line Blocking

Sec. 55.106.  PER-LINE BLOCKING.  (a)  Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-line blocking to a particular customer if the commission receives from the customer written certification that the customer has a compelling need for per-line blocking.
(b)  A provider who is ordered to offer per-line blocking under this section shall notify the customer by mail of the date the blocking will begin.
(c)  If a customer removes and later reinstates the per-line block, the provider may assess a service order charge in an amount approved by the commission for the provider's administrative expenses relating to the reinstatement.
(d)  The commission may impose a fee or assessment on a provider in an amount sufficient to cover the additional expenses the commission incurs in implementing the customer certification provisions of this section.
(e)  Information received under this section by the commission or by a provider is confidential and may be used only to administer this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.05(c), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.107. Limitation on Commission Authority

Sec. 55.107.  LIMITATION ON COMMISSION AUTHORITY.  The commission may prescribe in relation to blocking only a requirement authorized by Sections 55.105, 55.106, and 55.1065.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.05(e), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.109. Implementation of Panel Recommendations

Sec. 55.109.  IMPLEMENTATION OF PANEL RECOMMENDATIONS.  The commission may implement the recommendations of the Caller ID Consumer Education Panel and interested parties to the extent consistent with the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter E. Caller Identification Service › Section 55.110. Report of Blocking Failure

Sec. 55.110.  REPORT OF BLOCKING FAILURE.  (a)  A provider of caller ID services who becomes aware of the failure of per-call or per-line blocking to block identification of a customer shall report that failure to the commission, the Caller ID Consumer Education Panel, and the customer whose identification was not blocked.
(b)  The provider shall make a reasonable effort to notify the customer within 24 hours after the provider becomes aware of the failure.  The provider is not required to notify the customer if the customer reported the failure.
(c)  In this section, "caller ID service" means a service that permits the called party to determine the identity, telephone number, or address of the calling party.  The term does not include 911 services.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.121. Definitions

Sec. 55.121.  DEFINITIONS.  In this subchapter:
(1)  "Automated dial announcing device" means automated equipment used for telephone solicitation or collection that can:
(A)  store telephone numbers to be called or produce numbers to be called through use of a random or sequential number generator; and
(B)  convey, alone or in conjunction with other equipment, a prerecorded or synthesized voice message to the number called without the use of a live operator.
(2)  "Telephone solicitation" means an unsolicited call.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 600 (S.B. 1040), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.122. Exemptions

Sec. 55.122.  EXEMPTIONS.  This subchapter does not apply to the use of an automated dial announcing device:
(1)  to make a call relating to an emergency or a public service under a program developed or approved by the emergency management coordinator of the county in which the call is received;
(2)  by a public or private primary or secondary school system to locate or account for a truant student;
(3)  by a municipality or a person calling on behalf of a municipality to deliver information to citizens of the municipality regarding a public health, safety, or welfare issue; or
(4)  by an organization to a member of the organization.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 600 (S.B. 1040), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.1225. Applicability

Sec. 55.1225.  APPLICABILITY.  This subchapter applies to an automated dial announcing device used to make a telephone call that originates or terminates in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 600 (S.B. 1040), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.123. Notice of Use of Device to Telecommunications Utility

Sec. 55.123.  NOTICE OF USE OF DEVICE TO TELECOMMUNICATIONS UTILITY.  A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the person gives to each telecommunications utility over whose system the device is to be used written notice specifying the type of device to be used.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.124. Random or Sequential Number Calling

Sec. 55.124.  RANDOM OR SEQUENTIAL NUMBER CALLING.  A person may not use an automated dial announcing device for random number dialing or to dial numbers determined by successively increasing or decreasing integers if the person uses the device to make a telephone call in which the device plays a recorded message when the connection is completed.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.125. Hours When Use Prohibited

Sec. 55.125.  HOURS WHEN USE PROHIBITED.  (a)  A person may not use an automated dial announcing device to make a telephone solicitation call terminating in this state in which the device plays a recorded message when the connection is completed if the call is made:
(1)  before noon or after 9 p.m. on a Sunday;  or
(2)  before 9 a.m. or after 9 p.m. on a weekday or a Saturday.
(b)  A person may not use an automated dial announcing device to make a telephone collection call terminating in this state in which the device plays a recorded message when the connection is completed if the call is made at an hour at which collection calls are prohibited under the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692 et seq.).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.126. Device Disconnection

Sec. 55.126.  DEVICE DISCONNECTION.  A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the device disconnects from the called person's line not later than five seconds after the call is terminated by either party.  If the device cannot disconnect during that period, a live operator must introduce the call and receive the called person's oral consent before beginning a prerecorded or synthesized voice message.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 667, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.127. Contents of Recorded Message

Sec. 55.127.  CONTENTS OF RECORDED MESSAGE.  (a)  A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the recorded message states during the first 30 seconds of the call:
(1)  the nature of the call;
(2)  the identity of the person, company, or organization making the call;  and
(3)  the telephone number from which the call is made.
(b)  In addition to the requirements prescribed by Subsection (a), a call during which a cross-promotion or reference to a pay-per-call information service is made must include a statement of:
(1)  the fact that a caller who makes a call to a pay-per-call information service's telephone number will be charged for that call;
(2)  the amount of the flat-rate or cost-per-minute charge the caller will incur or the amount of both if both charges will be incurred;  and
(3)  the estimated amount of time required to receive all the information offered by the service during a call.
(c)  Subsection (a) does not apply to the use of a device if the device is used:
(1)  for debt collection purposes in compliance with applicable federal law and regulations;  and
(2)  by a live operator for automated dialing or hold announcement purposes.
(d)  In this section, "pay-per-call information service" means a service that routinely delivers, for a predetermined and sometimes time-sensitive fee, a prerecorded or live message or interactive program after the caller dials a specified 900 or 976 number.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.128. Duration of Recorded Message

Sec. 55.128.  DURATION OF RECORDED MESSAGE.  A person may not use an automated dial announcing device to make for solicitation purposes a telephone call in which the device plays a recorded message when the connection is completed unless:
(1)  the recorded message is shorter than 30 seconds;  or
(2)  the device has the technical capacity to:
(A)  recognize a telephone answering device on the called person's line;  and
(B)  terminate the call within 30 seconds.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.05(f), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.129. Permit Required

Sec. 55.129.  PERMIT REQUIRED.  A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the person has a permit under Section 55.130.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.130. Permit

Sec. 55.130.  PERMIT.  (a)  A person may not use an automated dial announcing device without a permit issued by the commission.
(b)  An applicant for an original permit must submit to the commission an application on a form that:
(1)  is prescribed by the commission;  and
(2)  contains:
(A)  the telephone number of each automated dial announcing device that the person will use;  and
(B)  the physical address from which each automated dial announcing device will operate.
(c)  An original permit is valid for one year and may be renewed annually by filing with the commission the information required by Subsection (b)(2).
(d)  An application for an original permit or a filing required for the renewal of the permit must be accompanied by the appropriate fee prescribed by Section 55.131.
(e)  In determining whether to deny an application for an original permit or renewal of the permit, the commission shall consider the compliance record of the owner or operator of the automated dial announcing device and may deny the application based on that record.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.131. Permit Fee

Sec. 55.131.  PERMIT FEE.  (a)  The commission shall prescribe a fee for an original permit or renewal of a permit.
(b)  The amount of the original permit fee must be reasonable and cover the enforcement cost to the commission but may not exceed $500.
(c)  The fee for renewal of a permit may not exceed $100.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 55 - Regulation of Telecommunications Services › Subchapter F. Automatic Dial Announcing Devices › Section 55.132. Notification of Change

Sec. 55.132.  NOTIFICATION OF CHANGE.  (a)  The owner or operator of an automated dial announcing device shall notify the commission if the telephone number of the device or the physical address from which the device operates changes.
(b)  The owner or operator shall give the notice by certified mail not later than the 48th hour before the hour the device begins operating with the new telephone number or at the new address.
(c)  If the owner or operator of a device fails to give notice as required by Subsection (b), the person's permit is invalid.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.