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