79R2255 MTB-D

By:  Gallegos                                                     S.B. No. 853



A BILL TO BE ENTITLED

AN ACT

relating to customer protection for customers of mobile service 
providers.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 64, Utilities Code, is amended by adding                   

Subchapter E to read as follows:                                              

SUBCHAPTER E.  MOBILE SERVICE CUSTOMERS
	Sec. 64.201.  DEFINITION.  In this subchapter, "commercial 
mobile service provider" means a provider of commercial mobile 
service as defined by Section 332(d), Communications Act of 1934 
(47 U.S.C. Section 151 et seq.), Federal Communications Commission 
rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 
No. 103-66).
	Sec. 64.202.  REFERRAL FOR UNAUTHORIZED OR DISPUTED CHARGES.  
A commercial mobile service provider may not refer to a third-party 
debt collector an account of a customer for nonpayment of an 
unauthorized or disputed charge.
	Sec. 64.203.  BILLING STATEMENT.  (a)  A commercial mobile 
service provider shall include in a customer's bill:
		(1)  the toll-free telephone number of the customer 
protection division of the commission and the consumer protection 
division of the attorney general's office; and
		(2)  a description of the customer's privacy rights, 
including how the provider handles confidential consumer 
information.
	(b)  A customer of a commercial mobile service provider is 
entitled to:
		(1)  accuracy of billing, including non-misleading 
descriptions of fees and charges; and
		(2)  bills presented in a clear, readable format and 
easy-to-understand language.
	Sec. 64.204.  RIGHT TO CANCEL.  (a)  A new customer may 
cancel and rescind a contract by providing written notice of 
cancellation to a commercial mobile service provider not later than 
the 30th day after the date the contract takes effect.
	(b)  If a customer cancels a contract under Subsection (a), 
the commercial mobile service provider may only charge the customer 
for actual services provided to the customer before cancellation, 
including per use and normal recurring charges applicable to the 
service provided before cancellation and the reasonable cost of 
work done on a customer's premises before cancellation.
	Sec. 64.205.  CHANGE IN SERVICE.  (a)  A commercial mobile 
service provider shall notify a customer not later than the 25th day 
before the effective date of a proposed change in the customer's 
service agreement or non-term contract that may result in higher 
rates or charges or more restrictive terms.
	(b)  A customer who is provided notice under Subsection (a) 
may, not later than the 30th day after the date the change in the 
agreement or contract takes effect, cancel and rescind the 
agreement or contract without penalty.
	Sec. 64.206.  VIOLATIONS.  The commission may impose 
penalties and take other enforcement actions under Chapter 15 
against a commercial mobile service provider that violates this 
subchapter.
	SECTION 2.  This Act takes effect September 1, 2005.