81R11838 JE-D
 
  By: Davis of Dallas H.B. No. 1835
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of commercial mobile service to
  customers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 10, Business & Commerce Code,
  as effective April 1, 2009, is amended by adding Chapter 328 to read
  as follows:
  CHAPTER 328. PROVISION OF COMMERCIAL MOBILE SERVICE TO CUSTOMER
         Sec. 328.001.  DEFINITIONS. In this chapter:
               (1)  "Commercial mobile service provider" has the
  meaning assigned by Section 64.201, Utilities Code.
               (2)  "Customer" means an individual who seeks to enter
  into a contract with a commercial mobile service provider for
  commercial mobile services.
         Sec. 328.002.  COMMERCIAL MOBILE SERVICE WITHOUT
  CANCELLATION FEE. A commercial mobile service provider may not
  offer to a customer a contract for commercial mobile service that
  provides:
               (1)  any kind of fee or charge for cancellation of the
  contract by the customer; or
               (2)  any time period during which the contract is not
  subject to cancellation by the customer.
         Sec. 328.003.  CONTRACT VOID. A contract that violates
  Section 328.002 is void and may not be enforced.
         SECTION 2.  This Act applies only to a contract entered into
  or renewed on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2009.