Texas 2009 - 81st Regular

Texas Senate Bill SB99 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2009S0005-1 10/23/08
2	2	By: Lucio S.B. No. 99
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to wireless telephone consumer protections.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Cell Phone Lemon
10	10	Law.
11	11	SECTION 2. Title 12, Business & Commerce Code, is amended by
12	12	adding Chapter 605 to read as follows:
13	13	CHAPTER 605. WIRELESS TELEPHONES AND CONTRACTS
14	14	Sec. 605.001. DEFINITIONS. In this chapter:
15	15	(1) "Wireless telephone" means a telephone that
16	16	operates without a physical wireline connection to the wireless
17	17	telephone service provider's equipment. The term includes cellular
18	18	and mobile telephones.
19	19	(2) "Wireless telephone service provider" includes a
20	20	wireless telephone service provider's dealers, distributors, and
21	21	agents.
22	22	Sec. 605.002. CONSUMER OPTIONS. (a) If, within the period
23	23	of a contract for wireless telephone service, the wireless
24	24	telephone sold in conjunction with the contract for wireless
25	25	telephone service requires repair or replacement on three or more
26	26	occasions, the consumer may, in lieu of having the telephone
27	27	repaired or replaced on the third or a subsequent occasion, choose
28	28	to either:
29	29	(1) cancel the contract for wireless telephone service
30	30	without paying any early termination fee, penalty, or charge; or
31	31	(2) upgrade or downgrade the consumer's telephone.
32	32	(b) If a consumer chooses to upgrade the consumer's wireless
33	33	telephone under Subsection (a)(2), the consumer shall pay the
34	34	difference between the price of the consumer's current telephone
35	35	and the "best promotional price" of the telephone to which the
36	36	consumer is upgrading.
37	37	(c) If a consumer chooses to downgrade the consumer's
38	38	wireless telephone under Subsection (a)(2), the wireless telephone
39	39	service provider shall credit the consumer with the difference
40	40	between the price of the consumer's current telephone and the "best
41	41	promotional price" of the telephone to which the consumer is
42	42	downgrading.
43	43	(d) If a consumer chooses the option of upgrading or
44	44	downgrading the consumer's wireless telephone under Subsection
45	45	(a)(2), the wireless telephone service provider may not use the
46	46	choice as a basis for automatically renewing or extending the
47	47	consumer's contract for wireless telephone service. A wireless
48	48	telephone service provider must allow a consumer to upgrade or
49	49	downgrade the consumer's wireless telephone under Subsection
50	50	(a)(2) without the action causing a change to the consumer's
51	51	current contract.
52	52	Sec. 605.003. WRITTEN NOTICE. A wireless telephone service
53	53	provider shall give a consumer a written statement of the
54	54	consumer's rights under this chapter when a sale is made to which
55	55	this chapter applies.
56	56	Sec. 605.004. DAMAGE CAUSED BY CONSUMER ACTION. This
57	57	chapter does not apply to any repair to or replacement of a wireless
58	58	telephone that was damaged or failed to work properly as a result of
59	59	some harmful action by the consumer. The types of damage creating
60	60	an inference of harmful consumer action include:
61	61	(1) equipment showing signs of water or other liquid
62	62	damage;
63	63	(2) equipment showing signs of physical impact;
64	64	(3) a scratched or broken casing;
65	65	(4) components or buttons in a condition that
66	66	indicates undue force was used; and
67	67	(5) other external damage.
68	68	Sec. 605.005. NONAPPLICABILITY. This chapter does not
69	69	apply to:
70	70	(1) quality or lack of services, including cellular or
71	71	other subscribed services available to the consumer;
72	72	(2) contractually agreed upon rates; or
73	73	(3) equipment compatibility issues.
74	74	Sec. 605.006. DECEPTIVE TRADE PRACTICE. A violation of
75	75	this chapter is a false, misleading, or deceptive act or practice as
76	76	defined by Section 17.46(b), and any remedy under Subchapter E,
77	77	Chapter 17, is available for a violation of this chapter.
78	78	SECTION 3. This Act applies only to a retail sale of a new
79	79	wireless telephone to a consumer by a wireless telephone service
80	80	provider in conjunction with a contract for wireless telephone
81	81	service made on or after the effective date of this Act. A retail
82	82	sale of a new wireless telephone to a consumer by a wireless
83	83	telephone service provider in conjunction with a contract for
84	84	wireless telephone service made before the effective date of this
85	85	Act is governed by the law as it existed immediately before the
86	86	effective date of this Act, and that law is continued in effect for
87	87	that purpose.
88	88	SECTION 4. This Act takes effect September 1, 2009.