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A BILL TO BE ENTITLED
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AN ACT
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relating to the listing of a business location of certain |
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businesses in print advertisements or on Internet websites. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 17.462, Business & |
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Commerce Code, is amended to read as follows: |
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Sec. 17.462. LISTING OF BUSINESS LOCATION OF CERTAIN |
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BUSINESSES [IN DIRECTORY OR DATABASE]. |
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SECTION 2. Sections 17.462(a), (b), (c), and (d), Business & |
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Commerce Code, are amended to read as follows: |
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(a) A person may not misrepresent the geographical location |
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of a business that derives 50 percent or more of its gross income |
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from the sale or arranging for the sale of flowers or floral |
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arrangements in the listing of the business: |
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(1) in a telephone directory or other directory |
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assistance database; |
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(2) on an Internet website; or |
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(3) in a print advertisement. |
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(b) A person is considered to misrepresent the geographical |
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location of a business for purposes of Subsection (a) if the name of |
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the business indicates that the business is located in a |
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geographical area and: |
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(1) the business is not located within the |
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geographical area indicated; |
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(2) the listing fails to identify the municipality and |
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state of the business's geographical location; and |
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(3) a telephone call to the local telephone number: |
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(A) listed in the directory or database routinely |
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is forwarded or transferred to a location that is outside the |
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calling area covered by the directory or database in which the |
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number is listed; or |
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(B) provided on the Internet website or in a |
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print advertisement routinely is forwarded or transferred to a |
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location that is outside the calling area of the geographical area |
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as indicated by the name of the business. |
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(c) A person may place a [directory] listing for a business |
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described by Subsection (a) the name of which indicates that it is |
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located in a geographical area that is different from the |
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geographical area in which the business is located if a conspicuous |
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notice in the listing states the municipality and state in which the |
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business is located. |
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(d) This section does not apply to: |
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(1) a publisher of a telephone directory or other |
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publication or a provider of a directory assistance service |
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publishing or providing information about another business; |
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(2) an Internet website that aggregates and provides |
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information about other businesses; |
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(3) an owner or publisher of a print medium providing |
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information about other businesses; |
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(4) an Internet service provider; or |
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(5) an Internet service that displays or distributes |
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advertisements for other businesses. |
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SECTION 3. The change in law made by this Act to Section |
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17.462, Business & Commerce Code, applies only to a print |
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advertisement disseminated or an Internet website posting |
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available for viewing on or after the effective date of this Act. A |
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print advertisement disseminated or an Internet website posting |
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available for viewing before the effective date of this Act is |
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governed by the law in effect when the advertisement was |
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disseminated or the posting was available for viewing, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |