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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a petitioner for a protective order to |
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separate the petitioner's wireless telephone number from the |
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respondent's wireless telephone service account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 85, Family Code, is |
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amended by adding Section 85.0225 to read as follows: |
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Sec. 85.0225. SEPARATION OF WIRELESS TELEPHONE ACCOUNT. |
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(a) A petitioner who is the primary user of a wireless telephone |
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number associated with the respondent's wireless telephone service |
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account may submit to the court that renders a protective order for |
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the petitioner under this chapter a request for the court to order: |
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(1) the separation of that wireless telephone number |
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from the respondent's wireless telephone service account; and |
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(2) if applicable, the separation of each wireless |
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telephone number primarily used by a child in the petitioner's care |
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or custody. |
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(b) The request must include each telephone number for which |
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the petitioner requests separation. |
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(c) If the petitioner shows by a preponderance of the |
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evidence that for each wireless telephone number listed in the |
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request the petitioner or, if applicable, a child in the |
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petitioner's care or custody is the primary user, the court shall |
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render a separate order directing the wireless telephone service |
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provider to transfer the billing responsibility and rights to each |
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listed wireless telephone number to the petitioner. |
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(d) The order under Subsection (c) must include: |
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(1) the name and billing telephone number of the |
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account holder; |
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(2) each wireless telephone number to be transferred; |
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and |
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(3) a statement requiring the wireless telephone |
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service provider to transfer to the petitioner all financial |
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responsibility for and the right to use each wireless telephone |
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number transferred. |
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(e) For purposes of Subsection (d)(3), financial |
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responsibility includes the monthly service costs associated with |
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any mobile device associated with the wireless telephone number. |
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SECTION 2. Title 12, Business & Commerce Code, is amended by |
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adding Chapter 607 to read as follows: |
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CHAPTER 607. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNTS |
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Sec. 607.001. SEPARATION BY COURT ORDER. (a) On receipt of |
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a court order issued under Section 85.0225, Family Code, a wireless |
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telephone service provider shall: |
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(1) terminate the named account holder's use of each |
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telephone number listed in the order; and |
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(2) transfer to the petitioner named in the order the |
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use of each telephone number listed in the order. |
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(b) A wireless telephone service provider is not required to |
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complete the transfer described by Subsection (a) if, not later |
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than 72 hours after receiving the court order, the provider |
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notifies the petitioner that: |
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(1) the account holder named in the order has |
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terminated the account; |
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(2) a difference in network technology would prevent |
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or impair the functionality of a device on a network if the transfer |
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occurs; |
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(3) the transfer would cause a geographic or other |
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limitation on the network or service provision to the petitioner; |
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or |
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(4) another technological or operational issue would |
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prevent or impair the use of the wireless telephone number if the |
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transfer occurs. |
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(c) A wireless telephone service provider may charge the |
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petitioner routine and customary fees and impose routine and |
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customary requirements for establishing a wireless telephone |
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service account or for transferring a wireless telephone number, |
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including requiring the petitioner to provide proof of |
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identification, financial information, and customer references. |
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The provider may not impose a penalty for early termination of a |
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contract in connection with separating an account under this |
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section. |
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(d) A wireless telephone service provider is not subject to |
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civil liability for actions taken under this section as required by |
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a court order issued under Section 85.0225, Family Code. |
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SECTION 3. The change in law made by this Act applies only |
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to a petition for a protective order filed on or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |