Texas 2021 - 87th Regular

Texas House Bill HB1372 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1372
	1	+	By: Guerra, et al. (Senate Sponsor - Zaffirini) H.B. No. 1372
	2	+	(In the Senate - Received from the House April 12, 2021;
	3	+	April 19, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 14, 2021, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 14, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to authorizing a petitioner for a protective order to
6	12		separate the petitioner's wireless telephone number from the
7	13		respondent's wireless telephone service account.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subchapter B, Chapter 85, Family Code, is
10	16		amended by adding Section 85.0225 to read as follows:
11	17		Sec. 85.0225. SEPARATION OF WIRELESS TELEPHONE SERVICE
12	18		ACCOUNT. (a) A petitioner who is the primary user of a wireless
13	19		telephone number associated with the respondent's wireless
14	20		telephone service account may submit to the court that renders a
15	21		protective order for the petitioner under this chapter a request
16	22		for the court to order:
17	23		(1) the separation of that wireless telephone number
18	24		from the respondent's wireless telephone service account; and
19	25		(2) if applicable, the separation of each wireless
20	26		telephone number primarily used by a child in the petitioner's care
21	27		or custody.
22	28		(b) The request must include each wireless telephone number
23	29		for which the petitioner requests separation.
24	30		(c) If the petitioner shows by a preponderance of the
25	31		evidence that for each wireless telephone number listed in the
26	32		request the petitioner or, if applicable, a child in the
27	33		petitioner's care or custody is the primary user, the court shall
28	34		render a separate order directing the wireless telephone service
29	35		provider to transfer the billing responsibilities and rights to
30	36		each listed wireless telephone number to the petitioner.
31	37		(d) An order rendered under Subsection (c) must include:
32	38		(1) the name and billing wireless telephone number of
33	39		the wireless telephone service account holder;
34	40		(2) each wireless telephone number to be transferred;
35	41		and
36	42		(3) a statement requiring the wireless telephone
37	43		service provider to transfer to the petitioner all financial
38	44		responsibility for and the right to use each wireless telephone
39	45		number transferred.
40	46		(e) For purposes of Subsection (d)(3), financial
41	47		responsibility includes the monthly service costs associated with
42	48		any mobile device associated with the wireless telephone number.
43	49		(f) The court shall serve a copy of the order described by
44	50		Subsection (c) on the registered agent for the wireless telephone
45	51		service provider designated under Chapter 5, Business
46	52		Organizations Code.
47	53		(g) The court shall ensure that the contact information of
48	54		the petitioner is not provided to the respondent as the wireless
49	55		telephone service account holder in a proceeding under this
50	56		section.
51	57		SECTION 2. Title 12, Business & Commerce Code, is amended by
52	58		adding Chapter 608 to read as follows:
53	59		CHAPTER 608. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNTS
54	60		Sec. 608.001. SEPARATION BY COURT ORDER. (a) On receipt of
55	61		a court order issued under Section 85.0225, Family Code, a wireless
56	62		telephone service provider shall transfer to the petitioner named
57	63		in the order the use of each wireless telephone number listed in the
58	64		order.
59	65		(b) A wireless telephone service provider is not required to
60	66		complete the transfer described by Subsection (a) if, as soon as
61	67		practicable but not later than the fifth business day after the date
62	68		the provider receives the court order, the provider notifies the
63	69		petitioner that:
64	70		(1) the wireless telephone service account holder
65	71		named in the order has terminated the account;
66	72		(2) a difference in network technology would prevent
67	73		or impair the functionality of a device on a network if the transfer
68	74		occurs;
69	75		(3) the transfer would cause a geographic or other
70	76		limitation on the network or service provision to the petitioner;
71	77		or
72	78		(4) another technological or operational issue would
73	79		prevent or impair the use of the wireless telephone number if the
74	80		transfer occurs.
75	81		(c) A wireless telephone service provider may charge the
76	82		petitioner routine and customary fees and impose routine and
77	83		customary requirements for establishing a wireless telephone
78	84		service account, including requiring the petitioner to provide
79	85		proof of identification, financial information, and customer
80	86		references.
81	87		(d) In imposing and collecting fees under Subsection (c),
82	88		the wireless telephone service provider may not:
83	89		(1) impose a penalty for early termination of a
84	90		contract in connection with separating a wireless telephone service
85	91		account under this section;
86	92		(2) hold the petitioner responsible for any
87	93		outstanding balance of the respondent's wireless telephone service
88	94		account or require payment of the outstanding balance as a
89	95		condition of separating a wireless telephone service account under
90	96		this section; or
91	97		(3) charge a fee for transferring the wireless
92	98		telephone number in addition to the usual and customary fees for
93	99		establishing a wireless telephone service account.
94	100		(e) If further action is required by the petitioner to
95	101		complete the transfer process, the wireless telephone service
96	102		provider shall make a description of the necessary procedures
97	103		available in writing.
98	104		(f) A wireless telephone service provider or an officer,
99	105		employee, or agent of the provider is not subject to civil liability
100	106		for actions taken under this section as required by a court order
101	107		rendered under Section 85.0225, Family Code.
102	108		SECTION 3. The change in law made by this Act applies only
103	109		to a petition for a protective order filed on or after the effective
104	110		date of this Act.
105	111		SECTION 4. This Act takes effect September 1, 2021.
106		-	______________________________ ______________________________
107		-	President of the Senate Speaker of the House
108		-	I certify that H.B. No. 1372 was passed by the House on April
109		-	9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
110		-	voting.
111		-	______________________________
112		-	Chief Clerk of the House
113		-	I certify that H.B. No. 1372 was passed by the Senate on May
114		-	19, 2021, by the following vote: Yeas 31, Nays 0.
115		-	______________________________
116		-	Secretary of the Senate
117		-	APPROVED: _____________________
118		-	Date
119		-	_____________________
120		-	Governor
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