87R263 JSC-D
By: Guerra, Ramos, Wu H.B. No. 1372
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 SERVICE
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 wireless 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 responsibilities and rights to
each listed wireless telephone number to the petitioner.
(d) An order rendered under Subsection (c) must include:
(1) the name and billing wireless telephone number of
the wireless telephone service 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.
(f) The court shall serve a copy of the order described by
Subsection (c) on the registered agent for the wireless telephone
service provider designated under Chapter 5, Business
Organizations Code.
(g) The court shall ensure that the contact information of
the petitioner is not provided to the respondent as the wireless
telephone service account holder in a proceeding under this
section.
SECTION 2. Title 12, Business & Commerce Code, is amended by
adding Chapter 608 to read as follows:
CHAPTER 608. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNTS
Sec. 608.001. SEPARATION BY COURT ORDER. (a) On receipt of
a court order issued under Section 85.0225, Family Code, a wireless
telephone service provider shall transfer to the petitioner named
in the order the use of each wireless telephone number listed in the
order.
(b) A wireless telephone service provider is not required to
complete the transfer described by Subsection (a) if, as soon as
practicable but not later than the fifth business day after the date
the provider receives the court order, the provider notifies the
petitioner that:
(1) the wireless telephone service 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, including requiring the petitioner to provide
proof of identification, financial information, and customer
references.
(d) In imposing and collecting fees under Subsection (c),
the wireless telephone service provider may not:
(1) impose a penalty for early termination of a
contract in connection with separating a wireless telephone service
account under this section;
(2) hold the petitioner responsible for any
outstanding balance of the respondent's wireless telephone service
account or require payment of the outstanding balance as a
condition of separating a wireless telephone service account under
this section; or
(3) charge a fee for transferring the wireless
telephone number in addition to the usual and customary fees for
establishing a wireless telephone service account.
(e) If further action is required by the petitioner to
complete the transfer process, the wireless telephone service
provider shall make a description of the necessary procedures
available in writing.
(f) A wireless telephone service provider or an officer,
employee, or agent of the provider is not subject to civil liability
for actions taken under this section as required by a court order
rendered 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, 2021.