Bill Text: TX HB3801 | 2019-2020 | 86th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to Juvenile Justice & Family Issues [HB3801 Detail]
Download: Texas-2019-HB3801-Introduced.html
86R11417 JSC-D | ||
By: Hinojosa | H.B. No. 3801 |
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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. |