By: Miles, et al. S.B. No. 1739
 
  (Gutierrez)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the suspension, termination, and reinstatement of
  certain services provided to military service members who are
  serving on active duty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 12, Business & Commerce Code, is amended by
  adding Chapter 606 to read as follows:
  CHAPTER 606.  SUSPENSION, TERMINATION, OR REINSTATEMENT OF CERTAIN
  SERVICES FOR ACTIVE DUTY MILITARY SERVICE MEMBERS
         Sec. 606.001.  DEFINITIONS. In this chapter:
               (1)  "Active duty military service" means:
                     (A)  service as a member of the armed forces of the
  United States;
                     (B)  with respect to a member of the Texas
  National Guard or the National Guard of another state or a member of
  a reserve component of the armed forces of the United States, active
  duty under an order of the president of the United States; or
                     (C)  state active duty as a member of the Texas
  military forces.
               (2)  "Cable service," "cable service provider," "video
  service," and "video service provider" have the meanings assigned
  by Section 66.002, Utilities Code.
               (3)  "Health spa" has the meaning assigned by Section
  702.003, Occupations Code.
               (4)  "Health spa services" has the meaning assigned to
  the term "services" by Section 702.003, Occupations Code.
               (5)  "Health spa services provider" means a person
  providing health spa services.
               (6)  "Internet service provider" has the meaning
  assigned by Section 324.055.
               (7)  "Military service member" means:
                     (A)  a member of the armed forces of the United
  States;
                     (B)  a member of the Texas National Guard or the
  National Guard of another state serving on active duty under an
  order of the president of the United States;
                     (C)  a member of a reserve component of the armed
  forces of the United States who is on active duty under an order of
  the president of the United States; or
                     (D)  a member of the Texas military forces serving
  on state active duty.
               (8)  "Service provider" means a cable service provider,
  a health spa services provider, an Internet service provider, a
  telecommunications provider, or a video service provider.
               (9)  "State active duty" and "Texas military forces" 
  have the meanings assigned by Section 437.001, Government Code.
               (10)  "Telecommunications provider" has the meaning
  assigned by Section 51.002, Utilities Code.
         Sec. 606.002.  SUSPENSION OR TERMINATION OF CERTAIN SERVICES
  FOR ACTIVE DUTY MILITARY SERVICE MEMBERS.  (a)  This section
  applies only to the following services:
               (1)  cable service;
               (2)  health spa services;
               (3)  services providing connectivity to the Internet or
  another wide area network;
               (4)  telecommunications services; and
               (5)  video service.
         (b)  Except as provided by Subsection (i), a military service
  member who receives any of the services described by Subsection (a)
  from a service provider and who is called to active duty military
  service may suspend or terminate the provision of the services by
  providing a written notice of suspension or termination to the
  service provider and the documentation required by Subsection (c).
         (c)  A military service member who provides to a service
  provider a written notice of suspension or termination of a service
  described by Subsection (a) shall also provide to the service
  provider proof of the service member's official orders calling the
  service member to active duty military service:
               (1)  at the time the service member provides the
  written notice; or
               (2)  not later than the 90th day after the date on which
  the service member provides the written notice, if military
  necessity or circumstances make the provision of proof at the time
  written notice is provided unreasonable or impossible.
         (d)  A service provider shall suspend or terminate the
  service provided by the service provider to a military service
  member on:
               (1)  the same business day the service provider
  receives a written notice of suspension or termination under this
  section; or
               (2)  the next business day after the date the service
  provider receives a written notice of suspension or termination
  under this section, if the notice is received on the weekend or a
  holiday.
         (e)  The suspension or termination of the service is
  effective on the applicable suspension or termination date
  prescribed by Subsection (d).  Except as provided by Subsection
  (f), a military service member is not liable for the payment of any
  service suspended or terminated under this section after the
  effective date of the suspension or termination unless and until
  the service member reinstates the service as provided by Section
  606.003.
         (f)  If a service provider does not receive the proof of the
  official orders as required by Subsection (c), the service provider
  may reinstate the suspended or terminated service.  The military
  service member who requested the suspension or termination is
  liable for the payment of that service from the original effective
  date of the suspension or termination until the date the service
  member provides the required proof to the service provider.  The
  effective date of a suspension or termination of a reinstated
  service as provided by this subsection becomes the date on which the
  service provider receives the required proof.
         (g)  Except as provided by this section, a service provider
  may not charge a penalty, fee, loss of deposit, or any other
  additional cost due to a suspension or termination of a service
  under this section.
         (h)  A military service member may reinstate a service that
  is suspended or terminated under this section in the manner
  provided by Section 606.003.
         (i)  A military service member may terminate a contract for
  cellular telephone service or telephone exchange service in the
  manner provided by 50 U.S.C. Section 3956, if applicable.
         Sec. 606.003.  REINSTATEMENT OF CERTAIN SERVICES FOR ACTIVE
  DUTY MILITARY SERVICE MEMBERS. (a)  A military service member who
  suspends or terminates a service under Section 606.002 and whose
  period of active duty military service has ended may reinstate the
  service by providing:
               (1)  a written notice of reinstatement to the service
  provider of the suspended or terminated service; and
               (2)  a document evidencing proof of the date the active
  duty military service ends not later than the 90th day after the
  date on which the service member's active duty military service
  ended.
         (b)  A service provider that receives a written notice of
  reinstatement of a service and the documentation required by
  Subsection (a)(2) shall:
               (1)  resume providing the same services the service
  provider provided to the military service member on the same terms
  and conditions agreed to by the service member and the service
  provider before the suspension or termination of those services
  took effect; or
               (2)  if the same services are no longer available,
  provide services that are substantially similar to the services
  that were suspended or terminated.
         (c)  A service provider shall reinstate a service as provided
  by Subsection (b) within a reasonable time, but not later than the
  30th day after the date the service provider receives a written
  notice of reinstatement.
         (d)  A service provider may not charge a penalty, fee, loss
  of deposit, or other additional cost due to a reinstatement of
  services under this section.
         SECTION 2.  The changes in law made by this Act apply only to
  a contract for services entered into or renewed on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2017.