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.