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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a petitioner for a protective order to |
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separate the petitioner's wireless telephone number from the |
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respondent's wireless telephone service account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 85, Family Code, is |
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amended by adding Section 85.0225 to read as follows: |
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Sec. 85.0225. SEPARATION OF WIRELESS TELEPHONE SERVICE |
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ACCOUNT. (a) A petitioner who is the primary user of a wireless |
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telephone number associated with the respondent's wireless |
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telephone service account may submit to the court that renders a |
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protective order for the petitioner under this chapter a request |
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for the court to order: |
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(1) the separation of that wireless telephone number |
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from the respondent's wireless telephone service account; and |
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(2) if applicable, the separation of each wireless |
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telephone number primarily used by a child in the petitioner's care |
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or custody. |
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(b) The request must include each wireless telephone number |
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for which the petitioner requests separation. |
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(c) If the petitioner shows by a preponderance of the |
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evidence that for each wireless telephone number listed in the |
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request the petitioner or, if applicable, a child in the |
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petitioner's care or custody is the primary user, the court shall |
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render a separate order directing the wireless telephone service |
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provider to transfer the billing responsibilities and rights to |
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each listed wireless telephone number to the petitioner. |
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(d) An order rendered under Subsection (c) must include: |
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(1) the name and billing wireless telephone number of |
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the wireless telephone service account holder; |
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(2) each wireless telephone number to be transferred; |
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and |
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(3) a statement requiring the wireless telephone |
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service provider to transfer to the petitioner all financial |
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responsibility for and the right to use each wireless telephone |
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number transferred. |
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(e) For purposes of Subsection (d)(3), financial |
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responsibility includes the monthly service costs associated with |
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any mobile device associated with the wireless telephone number. |
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(f) The court shall serve a copy of the order described by |
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Subsection (c) on the registered agent for the wireless telephone |
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service provider designated under Chapter 5, Business |
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Organizations Code. |
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(g) The court shall ensure that the contact information of |
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the petitioner is not provided to the respondent as the wireless |
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telephone service account holder in a proceeding under this |
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section. |
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SECTION 2. Title 12, Business & Commerce Code, is amended by |
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adding Chapter 608 to read as follows: |
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CHAPTER 608. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNTS |
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Sec. 608.001. SEPARATION BY COURT ORDER. (a) On receipt of |
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a court order issued under Section 85.0225, Family Code, a wireless |
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telephone service provider shall transfer to the petitioner named |
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in the order the use of each wireless telephone number listed in the |
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order. |
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(b) A wireless telephone service provider is not required to |
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complete the transfer described by Subsection (a) if, as soon as |
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practicable but not later than the fifth business day after the date |
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the provider receives the court order, the provider notifies the |
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petitioner that: |
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(1) the wireless telephone service account holder |
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named in the order has terminated the account; |
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(2) a difference in network technology would prevent |
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or impair the functionality of a device on a network if the transfer |
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occurs; |
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(3) the transfer would cause a geographic or other |
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limitation on the network or service provision to the petitioner; |
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or |
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(4) another technological or operational issue would |
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prevent or impair the use of the wireless telephone number if the |
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transfer occurs. |
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(c) A wireless telephone service provider may charge the |
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petitioner routine and customary fees and impose routine and |
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customary requirements for establishing a wireless telephone |
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service account, including requiring the petitioner to provide |
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proof of identification, financial information, and customer |
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references. |
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(d) In imposing and collecting fees under Subsection (c), |
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the wireless telephone service provider may not: |
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(1) impose a penalty for early termination of a |
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contract in connection with separating a wireless telephone service |
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account under this section; |
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(2) hold the petitioner responsible for any |
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outstanding balance of the respondent's wireless telephone service |
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account or require payment of the outstanding balance as a |
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condition of separating a wireless telephone service account under |
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this section; or |
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(3) charge a fee for transferring the wireless |
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telephone number in addition to the usual and customary fees for |
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establishing a wireless telephone service account. |
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(e) If further action is required by the petitioner to |
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complete the transfer process, the wireless telephone service |
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provider shall make a description of the necessary procedures |
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available in writing. |
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(f) A wireless telephone service provider or an officer, |
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employee, or agent of the provider is not subject to civil liability |
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for actions taken under this section as required by a court order |
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rendered under Section 85.0225, Family Code. |
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SECTION 3. The change in law made by this Act applies only |
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to a petition for a protective order filed on or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |