82R4922 JE-D
 
  By: Davis of Dallas H.B. No. 1446
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain commercial mobile service
  contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 10, Business & Commerce Code,
  is amended by adding Chapter 307 to read as follows:
  CHAPTER 307. COMMERCIAL MOBILE SERVICE CONTRACTS
         Sec. 307.001.  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
  or enters into a contract with a commercial mobile service provider
  for commercial mobile service.
         Sec. 307.002.  CONTRACT CANCELLATION RESTRICTION AND FEE
  PROHIBITED. A commercial mobile service provider may not offer to a
  customer a contract for commercial mobile service that provides:
               (1)  a fee or charge for cancellation of the contract by
  the customer; or
               (2)  a period during which the contract is not subject
  to cancellation by the customer.
         Sec. 307.003.  CONTRACT VOID. A commercial mobile service
  contract with a customer that contains a provision described by
  Section 307.002(1) or (2) 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, 2011.