81R1036 JE-D
By: Shapleigh S.B. No. 611
A BILL TO BE ENTITLED
AN ACT
relating to notification to certain mobile service customers
regarding minutes remaining on the customer's calling plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 10, Business & Commerce Code,
is amended by adding Chapter 307 to read as follows:
CHAPTER 307. NOTIFICATION TO MOBILE SERVICE CUSTOMERS REGARDING
CALLING PLAN MINUTES
Sec. 307.001. 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 enters into a
contract with a commercial mobile service provider for commercial
mobile services.
(3) "Primary plan minute" means a minute that under a
customer's calling plan is charged by the commercial mobile service
provider at a flat rate and not according to time of day.
Sec. 307.002. NOTIFICATION OPTION IN CALLING PLAN CONTRACT.
(a) Except as provided by Subsection (b), a commercial mobile
service provider shall include in a calling plan contract a
provision stating that:
(1) the customer has the option of requiring the
provider to notify the customer at the time the primary plan minutes
remaining on the customer's calling plan are reduced to 100;
(2) the customer must accept or decline the optional
provision described by Subdivision (1) on or before the date of
execution of the calling plan contract; and
(3) a customer who accepts the optional provision
described by Subdivision (1) must specify in the calling plan
contract whether the customer chooses to receive the notification
from the provider as a voicemail or text message or by electronic
mail.
(b) The provision described by Subsection (a) is not
required to be included in a calling plan contract under which the
customer has unlimited primary plan minute usage throughout the
contract term.
Sec. 307.003. NOTIFICATION WHEN LIMITED MINUTES REMAIN ON
CALLING PLAN. (a) At the time the number of primary plan minutes
remaining on the customer's calling plan is reduced to 100, a
commercial mobile service provider shall provide to a customer who
accepts the optional contract provision described by Section
307.002(a)(1) notification that use of minutes in excess of
allotted primary plan minutes will result in additional charges to
the customer.
(b) The commercial mobile service provider must use the
method specified by the customer in providing the notice required
by Subsection (a).
Sec. 307.004. COMPLAINT AND INVESTIGATION. (a) A person
may file with the attorney general a complaint alleging a violation
of this chapter.
(b) Not later than the 45th day after the date the attorney
general receives a complaint under this section, the attorney
general shall investigate the complaint and determine whether a
violation of this chapter has occurred.
(c) In conducting an investigation under this section, the
attorney general may:
(1) inspect any records relevant to the complaint; and
(2) subpoena the records and any necessary witnesses.
(d) If as a result of an investigation the attorney general
determines that a violation of this chapter has occurred, the
attorney general shall notify the affected parties of that
determination within 14 days.
Sec. 307.005. REFUND. On receipt of notification from the
attorney general under Section 307.004(d), the commercial mobile
service provider shall refund, not later than the 30th day after
receipt of the notification, all revenue received from the customer
for commercial mobile services provided under a calling plan
contract for each month in which the violation occurred.
SECTION 2. The changes in law made by this Act apply only to
a contract that is entered into or renewed on or after the effective
date of this Act. A contract entered into before the effective date
of this Act is governed by the law in effect when the contract was
entered into, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2009.