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  H.B. No. 1372
 
 
 
 
AN ACT
  relating to authorizing a petitioner for a protective order to
  separate the petitioner's wireless telephone number from the
  respondent's wireless telephone service account.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 85, Family Code, is
  amended by adding Section 85.0225 to read as follows:
         Sec. 85.0225.  SEPARATION OF WIRELESS TELEPHONE SERVICE
  ACCOUNT. (a) A petitioner who is the primary user of a wireless
  telephone number associated with the respondent's wireless
  telephone service account may submit to the court that renders a
  protective order for the petitioner under this chapter a request
  for the court to order:
               (1)  the separation of that wireless telephone number
  from the respondent's wireless telephone service account; and
               (2)  if applicable, the separation of each wireless
  telephone number primarily used by a child in the petitioner's care
  or custody.
         (b)  The request must include each wireless telephone number
  for which the petitioner requests separation.
         (c)  If the petitioner shows by a preponderance of the
  evidence that for each wireless telephone number listed in the
  request the petitioner or, if applicable, a child in the
  petitioner's care or custody is the primary user, the court shall
  render a separate order directing the wireless telephone service
  provider to transfer the billing responsibilities and rights to
  each listed wireless telephone number to the petitioner.
         (d)  An order rendered under Subsection (c) must include:
               (1)  the name and billing wireless telephone number of
  the wireless telephone service account holder;
               (2)  each wireless telephone number to be transferred;
  and
               (3)  a statement requiring the wireless telephone
  service provider to transfer to the petitioner all financial
  responsibility for and the right to use each wireless telephone
  number transferred.
         (e)  For purposes of Subsection (d)(3), financial
  responsibility includes the monthly service costs associated with
  any mobile device associated with the wireless telephone number.
         (f)  The court shall serve a copy of the order described by
  Subsection (c) on the registered agent for the wireless telephone
  service provider designated under Chapter 5, Business
  Organizations Code.
         (g)  The court shall ensure that the contact information of
  the petitioner is not provided to the respondent as the wireless
  telephone service account holder in a proceeding under this
  section.
         SECTION 2.  Title 12, Business & Commerce Code, is amended by
  adding Chapter 608 to read as follows:
  CHAPTER 608. SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNTS
         Sec. 608.001.  SEPARATION BY COURT ORDER. (a) On receipt of
  a court order issued under Section 85.0225, Family Code, a wireless
  telephone service provider shall transfer to the petitioner named
  in the order the use of each wireless telephone number listed in the
  order.
         (b)  A wireless telephone service provider is not required to
  complete the transfer described by Subsection (a) if, as soon as
  practicable but not later than the fifth business day after the date
  the provider receives the court order, the provider notifies the
  petitioner that:
               (1)  the wireless telephone service account holder
  named in the order has terminated the account;
               (2)  a difference in network technology would prevent
  or impair the functionality of a device on a network if the transfer
  occurs;
               (3)  the transfer would cause a geographic or other
  limitation on the network or service provision to the petitioner;
  or
               (4)  another technological or operational issue would
  prevent or impair the use of the wireless telephone number if the
  transfer occurs.
         (c)  A wireless telephone service provider may charge the
  petitioner routine and customary fees and impose routine and
  customary requirements for establishing a wireless telephone
  service account, including requiring the petitioner to provide
  proof of identification, financial information, and customer
  references.
         (d)  In imposing and collecting fees under Subsection (c),
  the wireless telephone service provider may not:
               (1)  impose a penalty for early termination of a
  contract in connection with separating a wireless telephone service
  account under this section;
               (2)  hold the petitioner responsible for any
  outstanding balance of the respondent's wireless telephone service
  account or require payment of the outstanding balance as a
  condition of separating a wireless telephone service account under
  this section; or
               (3)  charge a fee for transferring the wireless
  telephone number in addition to the usual and customary fees for
  establishing a wireless telephone service account.
         (e)  If further action is required by the petitioner to
  complete the transfer process, the wireless telephone service
  provider shall make a description of the necessary procedures
  available in writing.
         (f)  A wireless telephone service provider or an officer,
  employee, or agent of the provider is not subject to civil liability
  for actions taken under this section as required by a court order
  rendered under Section 85.0225, Family Code.
         SECTION 3.  The change in law made by this Act applies only
  to a petition for a protective order filed on or after the effective
  date of this Act.
         SECTION 4.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1372 was passed by the House on April
  9, 2021, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1372 was passed by the Senate on May
  19, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor