86R11417 JSC-D
By: Hinojosa H.B. No. 3801
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a petitioner for a protective order to
separate the petitioner's wireless telephone number from the
respondent's wireless telephone service account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 85, Family Code, is
amended by adding Section 85.0225 to read as follows:
Sec. 85.0225. SEPARATION OF WIRELESS TELEPHONE ACCOUNT.
(a) A petitioner who is the primary user of a wireless telephone
number associated with the respondent's wireless telephone service
account may submit to the court that renders a protective order for
the petitioner under this chapter a request for the court to order:
(1) the separation of that wireless telephone number
from the respondent's wireless telephone service account; and
(2) if applicable, the separation of each wireless
telephone number primarily used by a child in the petitioner's care
or custody.
(b) The request must include each telephone number for which
the petitioner requests separation.
(c) If the petitioner shows by a preponderance of the
evidence that for each wireless telephone number listed in the
request the petitioner or, if applicable, a child in the
petitioner's care or custody is the primary user, the court shall
render a separate order directing the wireless telephone service
provider to transfer the billing responsibility and rights to each
listed wireless telephone number to the petitioner.
(d) The order under Subsection (c) must include:
(1) the name and billing telephone number of the
account holder;
(2) each wireless telephone number to be transferred;
and
(3) a statement requiring the wireless telephone
service provider to transfer to the petitioner all financial
responsibility for and the right to use each wireless telephone
number transferred.
(e) For purposes of Subsection (d)(3), financial
responsibility includes the monthly service costs associated with
any mobile device associated with the wireless telephone number.
SECTION 2. Title 12, Business & Commerce Code, is amended by
adding Chapter 607 to read as follows:
CHAPTER 607. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNTS
Sec. 607.001. SEPARATION BY COURT ORDER. (a) On receipt of
a court order issued under Section 85.0225, Family Code, a wireless
telephone service provider shall:
(1) terminate the named account holder's use of each
telephone number listed in the order; and
(2) transfer to the petitioner named in the order the
use of each telephone number listed in the order.
(b) A wireless telephone service provider is not required to
complete the transfer described by Subsection (a) if, not later
than 72 hours after receiving the court order, the provider
notifies the petitioner that:
(1) the account holder named in the order has
terminated the account;
(2) a difference in network technology would prevent
or impair the functionality of a device on a network if the transfer
occurs;
(3) the transfer would cause a geographic or other
limitation on the network or service provision to the petitioner;
or
(4) another technological or operational issue would
prevent or impair the use of the wireless telephone number if the
transfer occurs.
(c) A wireless telephone service provider may charge the
petitioner routine and customary fees and impose routine and
customary requirements for establishing a wireless telephone
service account or for transferring a wireless telephone number,
including requiring the petitioner to provide proof of
identification, financial information, and customer references.
The provider may not impose a penalty for early termination of a
contract in connection with separating an account under this
section.
(d) A wireless telephone service provider is not subject to
civil liability for actions taken under this section as required by
a court order issued under Section 85.0225, Family Code.
SECTION 3. The change in law made by this Act applies only
to a petition for a protective order filed on or after the effective
date of this Act.
SECTION 4. This Act takes effect September 1, 2019.