By: Miles, et al.	S.B. No. 1739

	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.