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A BILL TO BE ENTITLED
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AN ACT
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relating to notification to certain mobile service customers |
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regarding minutes remaining on the customer's calling plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 10, Business & Commerce Code, |
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is amended by adding Chapter 307 to read as follows: |
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CHAPTER 307. NOTIFICATION TO MOBILE SERVICE CUSTOMERS REGARDING |
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CALLING PLAN MINUTES |
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Sec. 307.001. DEFINITIONS. In this chapter: |
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(1) "Commercial mobile service provider" has the |
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meaning assigned by Section 64.201, Utilities Code. |
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(2) "Customer" means an individual who enters into a |
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contract with a commercial mobile service provider for commercial |
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mobile services. |
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(3) "Primary plan minute" means a minute that under a |
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customer's calling plan is charged by the commercial mobile service |
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provider at a flat rate and not according to time of day. |
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Sec. 307.002. NOTIFICATION OPTION IN CALLING PLAN CONTRACT. |
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(a) Except as provided by Subsection (b), a commercial mobile |
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service provider shall include in a calling plan contract a |
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provision stating that: |
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(1) the customer has the option of requiring the |
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provider to notify the customer at the time the primary plan minutes |
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remaining on the customer's calling plan are reduced to 100; |
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(2) the customer must accept or decline the optional |
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provision described by Subdivision (1) on or before the date of |
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execution of the calling plan contract; and |
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(3) a customer who accepts the optional provision |
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described by Subdivision (1) must specify in the calling plan |
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contract whether the customer chooses to receive the notification |
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from the provider as a voicemail or text message or by electronic |
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mail. |
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(b) The provision described by Subsection (a) is not |
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required to be included in a calling plan contract under which the |
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customer has unlimited primary plan minute usage throughout the |
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contract term. |
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Sec. 307.003. NOTIFICATION WHEN LIMITED MINUTES REMAIN ON |
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CALLING PLAN. (a) At the time the number of primary plan minutes |
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remaining on the customer's calling plan is reduced to 100, a |
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commercial mobile service provider shall provide to a customer who |
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accepts the optional contract provision described by Section |
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307.002(a)(1) notification that use of minutes in excess of |
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allotted primary plan minutes will result in additional charges to |
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the customer. |
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(b) The commercial mobile service provider must use the |
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method specified by the customer in providing the notice required |
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by Subsection (a). |
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Sec. 307.004. COMPLAINT AND INVESTIGATION. (a) A person |
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may file with the attorney general a complaint alleging a violation |
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of this chapter. |
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(b) Not later than the 45th day after the date the attorney |
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general receives a complaint under this section, the attorney |
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general shall investigate the complaint and determine whether a |
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violation of this chapter has occurred. |
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(c) In conducting an investigation under this section, the |
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attorney general may: |
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(1) inspect any records relevant to the complaint; and |
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(2) subpoena the records and any necessary witnesses. |
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(d) If as a result of an investigation the attorney general |
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determines that a violation of this chapter has occurred, the |
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attorney general shall notify the affected parties of that |
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determination within 14 days. |
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Sec. 307.005. REFUND. On receipt of notification from the |
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attorney general under Section 307.004(d), the commercial mobile |
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service provider shall refund, not later than the 30th day after |
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receipt of the notification, all revenue received from the customer |
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for commercial mobile services provided under a calling plan |
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contract for each month in which the violation occurred. |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract that is entered into or renewed on or after the effective |
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date of this Act. A contract entered into before the effective date |
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of this Act is governed by the law in effect when the contract was |
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entered into, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |