Family Code § 85.0225

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. Added by Acts 2021, 87th Leg., R.S., Ch. 245 (H.B. 1372), Sec. 1, eff. September 1, 2021.