Capitol Research Services of Texas > Reports

Regulation of Fax Transmissions

  • House Bill 23 (1999)
  • Business & Commerce Code Sec. 35.47
  • Report: 23 pages
  • Transcripts: 20 pages
  • Other Documents: 82 pages
  • Fee: $295


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Abstract

In 1999, the Texas Legislature enacted House Bill 23 which created a cause of action against persons who made continued unsolicited fax transmissions.

The House Research Organization summarized the bill as follows:

Background

In 1991, Congress enacted the Telephone Consumer Protection Act, which allows citizens to take civil action against advertisers who transmit unwanted interstate advertising via telephone facsimile (fax) machines and automated telephone dialing systems. however, the act does not apply to intrastate transmissions, and each state must decide whether to permit its citizens to bring civil actions for violations of the act.

Currently, sending an unsolicited fax transmission in Texas is a Class C misdemeanor, punishable by a maximum fine of $500, and requires a county or district attorney to investigate complaints and file charges if necessary.

Digest

CSHB 23 [Committee Substitute for House Bill 23] would amend the Business and Commerce Code to allow an individual, to bring a civil cause of action against a person who made continued unsolicited transmissions from a mobile telephone, fax, or other telecopier for the purpose of a solicitation or sale. The recipient could seek an injunction ordering the solicitor to stop sending unwanted material or could seek damages, or both.

Recoverable damages could not exceed the greater of $500 for each violation or the person’s actual damages. If a court found that a solicitor knowingly or intentionally violated federal law restricting the use of telephone equipment, a regulation adopted under that law, or provisions in this bill, the court could increase the award not to exceed the greater of $1,500 for each violation or three times the person’s actual damages. CSHB 23 also would apply to certain calls using an automated dialing system.

CSHB 23 would require a person who makes or causes to be made a transmission to a facsimile recording device for the purpose of solicitation or sale to include, in 12-point type or larger, information about a toll-free number that the recipient could call to notify the solicitor that the recipient did not wish to receive any more fax solicitations. The solicitor would have to send a written confirmation of having received the notification and could send the confirmation by fax. Thereafter, the solicitor would be prohibited from sending additional faxes to the telephone numbers specified by the recipient.

CSHB 23 also would prohibit a solicitor from sending a fax transmission between 11 p.m. and 7 a.m. County and district attorneys would have to investigate complaints, and offenses would be a Class C misdemeanor.

The bill would take effect September 1, 1999, and would apply only to communications made on or after that date.

Exhibits

1991
1. Telephone Consumer Protection Act of 1991, Pub.L. No. 102-243, 1991 U.S.C.C.A.N. (105 Stat.) 2394

2. Legislative History of Telephone Consumer Protection Act of 1991, 1991 U.S.C.C.A.N. 1968

3. 7 U.S.C.A. Secs. 152, 227, 331 (West Supp. 1999)

1999
4. Tex. H.B. 23, 76th Leg., R.S., Master Bill History Report (1999).

5. Tex. H.B. 23, As Introduced, 76th Leg., R.S. (1999)

6. Tex. H.B. 23, House Committee Report, 76th Leg., R.S. (1999)

7. Tex. H.B. 23, Senate Committee Report, 76th Leg., R.S. (1999)

8. Tex. H.B. 23, Senate Amendments, 76th Leg., R.S.(1999)

9. CAPITOL RESEARCH SERVICES, Hearings on H.B. 23 Before the House Committee on Business and Industry, 76th Leg. R.S. (March 23, 1999)

10. CAPITOL RESEARCH SERVICES, Debate on H.B. 23 On the Floor of the House (Second Reading), 76th Leg. R.S. (March 30, 1999)

11. CAPITOL RESEARCH SERVICES, Debate on H.B. 23 On the Floor of the House (Second Reading), 76th Leg. R.S. (April 21, 1999)

12. CAPITOL RESEARCH SERVICES, Debate on H.B. 23 On the Floor of the House (Third Reading), 76th Leg. R.S. (April 22, 1999)

13. CAPITOL RESEARCH SERVICES, Hearings on H.B. 23 Before the Senate Committee on Economic Development Subcommittee on Technology and Business Growth, 76th Leg. R.S. (May 6, 1999)

14. CAPITOL RESEARCH SERVICES, Hearings on H.B. 23 Before the Senate Committee on Economic Development, 76th Leg. R.S. (May 11, 1999)

15. HOUSE RESEARCH ORGANIZATION, H.B. 23 Bill Analysis (April 21, 1999)

16. H.J. of Tex., 76th Leg., R.S. 1210, 1252, 3359-3360 (1999)

17. S.J. of Tex., 76th Leg., R.S. 2381 (1999)