| 1 | 1 | | 81R11838 JE-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 1835 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of commercial mobile service to |
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| 8 | 8 | | customers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 10, Business & Commerce Code, |
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| 11 | 11 | | as effective April 1, 2009, is amended by adding Chapter 328 to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | CHAPTER 328. PROVISION OF COMMERCIAL MOBILE SERVICE TO CUSTOMER |
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| 14 | 14 | | Sec. 328.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Commercial mobile service provider" has the |
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| 16 | 16 | | meaning assigned by Section 64.201, Utilities Code. |
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| 17 | 17 | | (2) "Customer" means an individual who seeks to enter |
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| 18 | 18 | | into a contract with a commercial mobile service provider for |
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| 19 | 19 | | commercial mobile services. |
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| 20 | 20 | | Sec. 328.002. COMMERCIAL MOBILE SERVICE WITHOUT |
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| 21 | 21 | | CANCELLATION FEE. A commercial mobile service provider may not |
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| 22 | 22 | | offer to a customer a contract for commercial mobile service that |
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| 23 | 23 | | provides: |
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| 24 | 24 | | (1) any kind of fee or charge for cancellation of the |
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| 25 | 25 | | contract by the customer; or |
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| 26 | 26 | | (2) any time period during which the contract is not |
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| 27 | 27 | | subject to cancellation by the customer. |
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| 28 | 28 | | Sec. 328.003. CONTRACT VOID. A contract that violates |
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| 29 | 29 | | Section 328.002 is void and may not be enforced. |
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| 30 | 30 | | SECTION 2. This Act applies only to a contract entered into |
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| 31 | 31 | | or renewed on or after the effective date of this Act. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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