| 1 | 1 | | 81R1036 JE-D |
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| 2 | 2 | | By: Shapleigh S.B. No. 611 |
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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 notification to certain mobile service customers |
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| 8 | 8 | | regarding minutes remaining on the customer's calling plan. |
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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 A, Title 10, Business & Commerce Code, |
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| 11 | 11 | | is amended by adding Chapter 307 to read as follows: |
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| 12 | 12 | | CHAPTER 307. NOTIFICATION TO MOBILE SERVICE CUSTOMERS REGARDING |
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| 13 | 13 | | CALLING PLAN MINUTES |
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| 14 | 14 | | Sec. 307.001. 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 enters into a |
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| 18 | 18 | | contract with a commercial mobile service provider for commercial |
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| 19 | 19 | | mobile services. |
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| 20 | 20 | | (3) "Primary plan minute" means a minute that under a |
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| 21 | 21 | | customer's calling plan is charged by the commercial mobile service |
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| 22 | 22 | | provider at a flat rate and not according to time of day. |
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| 23 | 23 | | Sec. 307.002. NOTIFICATION OPTION IN CALLING PLAN CONTRACT. |
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| 24 | 24 | | (a) Except as provided by Subsection (b), a commercial mobile |
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| 25 | 25 | | service provider shall include in a calling plan contract a |
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| 26 | 26 | | provision stating that: |
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| 27 | 27 | | (1) the customer has the option of requiring the |
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| 28 | 28 | | provider to notify the customer at the time the primary plan minutes |
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| 29 | 29 | | remaining on the customer's calling plan are reduced to 100; |
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| 30 | 30 | | (2) the customer must accept or decline the optional |
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| 31 | 31 | | provision described by Subdivision (1) on or before the date of |
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| 32 | 32 | | execution of the calling plan contract; and |
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| 33 | 33 | | (3) a customer who accepts the optional provision |
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| 34 | 34 | | described by Subdivision (1) must specify in the calling plan |
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| 35 | 35 | | contract whether the customer chooses to receive the notification |
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| 36 | 36 | | from the provider as a voicemail or text message or by electronic |
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| 37 | 37 | | mail. |
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| 38 | 38 | | (b) The provision described by Subsection (a) is not |
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| 39 | 39 | | required to be included in a calling plan contract under which the |
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| 40 | 40 | | customer has unlimited primary plan minute usage throughout the |
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| 41 | 41 | | contract term. |
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| 42 | 42 | | Sec. 307.003. NOTIFICATION WHEN LIMITED MINUTES REMAIN ON |
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| 43 | 43 | | CALLING PLAN. (a) At the time the number of primary plan minutes |
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| 44 | 44 | | remaining on the customer's calling plan is reduced to 100, a |
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| 45 | 45 | | commercial mobile service provider shall provide to a customer who |
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| 46 | 46 | | accepts the optional contract provision described by Section |
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| 47 | 47 | | 307.002(a)(1) notification that use of minutes in excess of |
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| 48 | 48 | | allotted primary plan minutes will result in additional charges to |
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| 49 | 49 | | the customer. |
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| 50 | 50 | | (b) The commercial mobile service provider must use the |
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| 51 | 51 | | method specified by the customer in providing the notice required |
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| 52 | 52 | | by Subsection (a). |
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| 53 | 53 | | Sec. 307.004. COMPLAINT AND INVESTIGATION. (a) A person |
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| 54 | 54 | | may file with the attorney general a complaint alleging a violation |
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| 55 | 55 | | of this chapter. |
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| 56 | 56 | | (b) Not later than the 45th day after the date the attorney |
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| 57 | 57 | | general receives a complaint under this section, the attorney |
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| 58 | 58 | | general shall investigate the complaint and determine whether a |
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| 59 | 59 | | violation of this chapter has occurred. |
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| 60 | 60 | | (c) In conducting an investigation under this section, the |
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| 61 | 61 | | attorney general may: |
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| 62 | 62 | | (1) inspect any records relevant to the complaint; and |
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| 63 | 63 | | (2) subpoena the records and any necessary witnesses. |
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| 64 | 64 | | (d) If as a result of an investigation the attorney general |
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| 65 | 65 | | determines that a violation of this chapter has occurred, the |
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| 66 | 66 | | attorney general shall notify the affected parties of that |
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| 67 | 67 | | determination within 14 days. |
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| 68 | 68 | | Sec. 307.005. REFUND. On receipt of notification from the |
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| 69 | 69 | | attorney general under Section 307.004(d), the commercial mobile |
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| 70 | 70 | | service provider shall refund, not later than the 30th day after |
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| 71 | 71 | | receipt of the notification, all revenue received from the customer |
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| 72 | 72 | | for commercial mobile services provided under a calling plan |
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| 73 | 73 | | contract for each month in which the violation occurred. |
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| 74 | 74 | | SECTION 2. The changes in law made by this Act apply only to |
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| 75 | 75 | | a contract that is entered into or renewed on or after the effective |
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| 76 | 76 | | date of this Act. A contract entered into before the effective date |
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| 77 | 77 | | of this Act is governed by the law in effect when the contract was |
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| 78 | 78 | | entered into, and the former law is continued in effect for that |
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| 79 | 79 | | purpose. |
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| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2009. |
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