| 1 | 1 | | 86R11417 JSC-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 3801 |
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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 authorizing a petitioner for a protective order to |
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| 8 | 8 | | separate the petitioner's wireless telephone number from the |
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| 9 | 9 | | respondent's wireless telephone service account. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 85, Family Code, is |
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| 12 | 12 | | amended by adding Section 85.0225 to read as follows: |
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| 13 | 13 | | Sec. 85.0225. SEPARATION OF WIRELESS TELEPHONE ACCOUNT. |
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| 14 | 14 | | (a) A petitioner who is the primary user of a wireless telephone |
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| 15 | 15 | | number associated with the respondent's wireless telephone service |
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| 16 | 16 | | account may submit to the court that renders a protective order for |
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| 17 | 17 | | the petitioner under this chapter a request for the court to order: |
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| 18 | 18 | | (1) the separation of that wireless telephone number |
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| 19 | 19 | | from the respondent's wireless telephone service account; and |
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| 20 | 20 | | (2) if applicable, the separation of each wireless |
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| 21 | 21 | | telephone number primarily used by a child in the petitioner's care |
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| 22 | 22 | | or custody. |
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| 23 | 23 | | (b) The request must include each telephone number for which |
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| 24 | 24 | | the petitioner requests separation. |
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| 25 | 25 | | (c) If the petitioner shows by a preponderance of the |
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| 26 | 26 | | evidence that for each wireless telephone number listed in the |
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| 27 | 27 | | request the petitioner or, if applicable, a child in the |
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| 28 | 28 | | petitioner's care or custody is the primary user, the court shall |
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| 29 | 29 | | render a separate order directing the wireless telephone service |
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| 30 | 30 | | provider to transfer the billing responsibility and rights to each |
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| 31 | 31 | | listed wireless telephone number to the petitioner. |
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| 32 | 32 | | (d) The order under Subsection (c) must include: |
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| 33 | 33 | | (1) the name and billing telephone number of the |
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| 34 | 34 | | account holder; |
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| 35 | 35 | | (2) each wireless telephone number to be transferred; |
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| 36 | 36 | | and |
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| 37 | 37 | | (3) a statement requiring the wireless telephone |
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| 38 | 38 | | service provider to transfer to the petitioner all financial |
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| 39 | 39 | | responsibility for and the right to use each wireless telephone |
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| 40 | 40 | | number transferred. |
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| 41 | 41 | | (e) For purposes of Subsection (d)(3), financial |
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| 42 | 42 | | responsibility includes the monthly service costs associated with |
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| 43 | 43 | | any mobile device associated with the wireless telephone number. |
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| 44 | 44 | | SECTION 2. Title 12, Business & Commerce Code, is amended by |
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| 45 | 45 | | adding Chapter 607 to read as follows: |
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| 46 | 46 | | CHAPTER 607. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNTS |
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| 47 | 47 | | Sec. 607.001. SEPARATION BY COURT ORDER. (a) On receipt of |
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| 48 | 48 | | a court order issued under Section 85.0225, Family Code, a wireless |
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| 49 | 49 | | telephone service provider shall: |
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| 50 | 50 | | (1) terminate the named account holder's use of each |
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| 51 | 51 | | telephone number listed in the order; and |
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| 52 | 52 | | (2) transfer to the petitioner named in the order the |
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| 53 | 53 | | use of each telephone number listed in the order. |
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| 54 | 54 | | (b) A wireless telephone service provider is not required to |
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| 55 | 55 | | complete the transfer described by Subsection (a) if, not later |
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| 56 | 56 | | than 72 hours after receiving the court order, the provider |
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| 57 | 57 | | notifies the petitioner that: |
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| 58 | 58 | | (1) the account holder named in the order has |
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| 59 | 59 | | terminated the account; |
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| 60 | 60 | | (2) a difference in network technology would prevent |
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| 61 | 61 | | or impair the functionality of a device on a network if the transfer |
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| 62 | 62 | | occurs; |
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| 63 | 63 | | (3) the transfer would cause a geographic or other |
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| 64 | 64 | | limitation on the network or service provision to the petitioner; |
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| 65 | 65 | | or |
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| 66 | 66 | | (4) another technological or operational issue would |
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| 67 | 67 | | prevent or impair the use of the wireless telephone number if the |
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| 68 | 68 | | transfer occurs. |
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| 69 | 69 | | (c) A wireless telephone service provider may charge the |
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| 70 | 70 | | petitioner routine and customary fees and impose routine and |
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| 71 | 71 | | customary requirements for establishing a wireless telephone |
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| 72 | 72 | | service account or for transferring a wireless telephone number, |
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| 73 | 73 | | including requiring the petitioner to provide proof of |
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| 74 | 74 | | identification, financial information, and customer references. |
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| 75 | 75 | | The provider may not impose a penalty for early termination of a |
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| 76 | 76 | | contract in connection with separating an account under this |
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| 77 | 77 | | section. |
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| 78 | 78 | | (d) A wireless telephone service provider is not subject to |
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| 79 | 79 | | civil liability for actions taken under this section as required by |
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| 80 | 80 | | a court order issued under Section 85.0225, Family Code. |
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| 81 | 81 | | SECTION 3. The change in law made by this Act applies only |
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| 82 | 82 | | to a petition for a protective order filed on or after the effective |
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| 83 | 83 | | date of this Act. |
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| 84 | 84 | | SECTION 4. This Act takes effect September 1, 2019. |
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