79R9914 MCK-D

By:  Shapleigh                                                    S.B. No. 1735


A BILL TO BE ENTITLED
AN ACT
relating to benefits for certain members of the Texas National Guard and armed forces of the United States. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 2170, Government Code, is amended by adding Section 2170.011 to read as follows: Sec. 2170.011. PREPAID CALLING CARDS. (a) The department shall make a bulk purchase of prepaid long distance calling cards that may be used to call military personnel stationed in a foreign country. (b) The department shall sell the prepaid long distance calling cards to members of the National Guard on federal active duty and members of the armed forces of the United States on active duty, and their families. (c) The department may not sell a prepaid long distance calling card for more than the cost of the card. SECTION 2. (a) Subchapter L, Chapter 2301, Occupations Code, is amended by adding Section 2301.557 to read as follows: Sec. 2301.557. TERMINATION OF VEHICLE LEASE BY PERSON ON ACTIVE DUTY IN MILITARY. (a) A person, or the spouse of a person, who enters United States military service under a call or order, including a call of Texas National Guard members to federal active service, specifying a period of at least 180 days may terminate a vehicle lease that is executed by or on behalf of the person. (b) A vehicle lease is not terminated under this section until: (1) the person described by Subsection (a) or the person's spouse gives the lessor notice by certified mail, return receipt requested, of the person's intent to terminate the lease together with a copy of the military orders calling the person to active duty; and (2) the vehicle subject to the lease is returned to the custody or control of the lessor not later than the 15th day after the date of delivery of the notice. (c) An unpaid lease amount for a period preceding the effective date of the lease termination under this section shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, costs of summons, and title or registration fees and any other obligation and liability of the lessee under the terms of the lease, including reasonable charges to the lessee for excess wear, use, and mileage, that are due and unpaid at the time of the lease termination shall be paid by the lessee. (d) The lessor shall refund to the lessee any lease amount paid in advance by the lessee applicable to a period after the effective date of the lease termination. The refund required by this subsection must be paid not later than the 30th day after the effective date of the lease termination. (b) Section 2301.557, Occupations Code, as added by this Act, applies only to a vehicle lease entered into on or after the effective date of this Act. SECTION 3. Subchapter A, Chapter 17, Utilities Code, is amended by adding Section 17.008 to read as follows: Sec. 17.008. RELIEF FOR CERTAIN MEMBERS OF ARMED FORCES. (a) In this section, "service member" means a member of the United States armed forces or a member of the Texas National Guard called to federal active duty. (b) An electric utility, retail electric provider, power generation company, aggregator, or other entity that provides retail electric service may not disconnect service to a residential customer who is a service member or a dependent of a service member during a period in which the service member is on active duty. The entity providing service shall defer collection of the full payment of bills that are due during a period in which the service member is on active duty until after the period is over and shall work with the customer to establish a pay schedule for deferred bills. SECTION 4. Subchapter F, Chapter 104, Utilities Code, is amended by adding Section 104.259 to read as follows: Sec. 104.259. DISCONNECTION OF GAS SERVICE; CERTAIN MEMBERS OF ARMED SERVICES. (a) In this section: (1) "Provider" means: (A) a gas utility, as defined by Sections 101.003 and 121.001; and (B) an owner, operator, or manager of a mobile home park or apartment who purchases natural gas through a master meter for delivery to a dwelling unit in a mobile home park or apartment house under Chapter 124. (2) "Service member" means a member of the United States armed forces or a member of the Texas National Guard called to federal active duty. (b) A provider may not disconnect natural gas service to a residential customer who is a service member or a dependent of a service member during a period in which the service member is on active duty. The provider shall defer collection of the full payment of bills that are due during a period in which the service member is on active duty until after the period is over and shall work with the customer to establish a pay schedule for deferred bills. SECTION 5. This Act takes effect September 1, 2005.