H.B. No. 3066
AN ACT
relating to certain benefits and protections for military service
members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.213, Government Code, is amended to
read as follows:
Sec. 437.213. CERTAIN BENEFITS AND PROTECTIONS FOR STATE
SERVICE. A service member of the Texas military forces who is
ordered to state active duty or to state training and other duty by
the governor, the adjutant general, or another proper authority
under the law of this state is entitled to the same benefits and
protections provided to persons:
(1) performing service in the uniformed services as
provided by 38 U.S.C. Sections 4301-4313 and 4316-4319[, as that
law existed on April 1, 2003]; and
(2) in the military service of the United States as
provided by 50 [App.] U.S.C. Sections 3901-3959, 3991, and
4011-4026 [501-536, 560, and 580-594, as that law existed on April
1, 2003].
SECTION 2. Title 12, Business & Commerce Code, is amended by
adding Chapter 606 to read as follows:
CHAPTER 606. SUSPENSION, TERMINATION, OR REINSTATEMENT OF CERTAIN
SERVICES FOR ACTIVE DUTY MILITARY SERVICE MEMBERS
Sec. 606.001. DEFINITIONS. In this chapter:
(1) "Active duty military service" means:
(A) service as a member of the armed forces of the
United States;
(B) with respect to a member of the Texas
National Guard or the National Guard of another state or a member of
a reserve component of the armed forces of the United States, active
duty under an order of the president of the United States; or
(C) state active duty as a member of the Texas
military forces.
(2) "Cable service," "cable service provider," "video
service," and "video service provider" have the meanings assigned
by Section 66.002, Utilities Code.
(3) "Health spa" has the meaning assigned by Section
702.003, Occupations Code.
(4) "Health spa services" has the meaning assigned to
the term "services" by Section 702.003, Occupations Code.
(5) "Health spa services provider" means a person
providing health spa services.
(6) "Internet service provider" has the meaning
assigned by Section 324.055.
(7) "Military service member" means:
(A) a member of the armed forces of the United
States;
(B) a member of the Texas National Guard or the
National Guard of another state serving on active duty under an
order of the president of the United States;
(C) a member of a reserve component of the armed
forces of the United States who is on active duty under an order of
the president of the United States; or
(D) a member of the Texas military forces serving
on state active duty.
(8) "Service provider" means a cable service provider,
a health spa services provider, an Internet service provider, a
telecommunications provider, or a video service provider.
(9) "State active duty" and "Texas military forces"
have the meanings assigned by Section 437.001, Government Code.
(10) "Telecommunications provider" has the meaning
assigned by Section 51.002, Utilities Code.
Sec. 606.002. SUSPENSION OR TERMINATION OF CERTAIN SERVICES
FOR ACTIVE DUTY MILITARY SERVICE MEMBERS. (a) This section
applies only to the following services:
(1) cable service;
(2) health spa services;
(3) services providing connectivity to the Internet or
another wide area network;
(4) telecommunications services; and
(5) video service.
(b) Except as provided by Subsection (i), a military service
member who receives any of the services described by Subsection (a)
from a service provider and who is called to active duty military
service may suspend or terminate the provision of the services by
providing a written notice of suspension or termination to the
service provider and the documentation required by Subsection (c).
(c) A military service member who provides to a service
provider a written notice of suspension or termination of a service
described by Subsection (a) shall also provide to the service
provider proof of the service member's official orders calling the
service member to active duty military service:
(1) at the time the service member provides the
written notice; or
(2) not later than the 90th day after the date on which
the service member provides the written notice, if military
necessity or circumstances make the provision of proof at the time
written notice is provided unreasonable or impossible.
(d) A service provider shall suspend or terminate the
service provided by the service provider to a military service
member on:
(1) the same business day the service provider
receives a written notice of suspension or termination under this
section; or
(2) the next business day after the date the service
provider receives a written notice of suspension or termination
under this section, if the notice is received on the weekend or a
holiday.
(e) The suspension or termination of the service is
effective on the applicable suspension or termination date
prescribed by Subsection (d). Except as provided by Subsection
(f), a military service member is not liable for the payment of any
service suspended or terminated under this section after the
effective date of the suspension or termination unless and until
the service member reinstates the service as provided by Section
606.003.
(f) If a service provider does not receive the proof of the
official orders as required by Subsection (c), the service provider
may reinstate the suspended or terminated service. The military
service member who requested the suspension or termination is
liable for the payment of that service from the original effective
date of the suspension or termination until the date the service
member provides the required proof to the service provider. The
effective date of a suspension or termination of a reinstated
service as provided by this subsection becomes the date on which the
service provider receives the required proof.
(g) Except as provided by this section, a service provider
may not charge a penalty, fee, loss of deposit, or any other
additional cost due to a suspension or termination of a service
under this section.
(h) A military service member may reinstate a service that
is suspended or terminated under this section in the manner
provided by Section 606.003.
(i) A military service member may terminate a contract for
cellular telephone service or telephone exchange service in the
manner provided by 50 U.S.C. Section 3956, if applicable.
Sec. 606.003. REINSTATEMENT OF CERTAIN SERVICES FOR ACTIVE
DUTY MILITARY SERVICE MEMBERS. (a) A military service member who
suspends or terminates a service under Section 606.002 and whose
period of active duty military service has ended may reinstate the
service by providing:
(1) a written notice of reinstatement to the service
provider of the suspended or terminated service; and
(2) a document evidencing proof of the date the active
duty military service ends not later than the 90th day after the
date on which the service member's active duty military service
ended.
(b) A service provider that receives a written notice of
reinstatement of a service and the documentation required by
Subsection (a)(2) shall:
(1) resume providing the same services the service
provider provided to the military service member on the same terms
and conditions agreed to by the service member and the service
provider before the suspension or termination of those services
took effect; or
(2) if the same services are no longer available,
provide services that are substantially similar to the services
that were suspended or terminated.
(c) A service provider shall reinstate a service as provided
by Subsection (b) within a reasonable time, but not later than the
30th day after the date the service provider receives a written
notice of reinstatement.
(d) A service provider may not charge a penalty, fee, loss
of deposit, or other additional cost due to a reinstatement of
services under this section.
SECTION 3. Chapter 606, Business & Commerce Code, as added
by this Act, applies only to a contract for services entered into or
renewed on or after the effective date of this Act.
SECTION 4. The change in law made by this Act applies only
to a service member of the Texas military forces who is serving on
state active duty or on state training and other duty on the
effective date of this Act or who is ordered to such duty on or after
that date.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3066 was passed by the House on May 9,
2017, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3066 on May 25, 2017, by the following vote: Yeas 140, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3066 was passed by the Senate, with
amendments, on May 22, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor