A wireless telephone service provider must transfer listed wireless numbers to the petitioner after a qualifying court order, but can refuse if it timely notifies the petitioner of certain impediments. The provider may charge routine account-setting fees, but not early-termination penalties, transferred-number fees, or the respondent’s outstanding balance. It must also provide written transfer instructions if more steps are needed, and it has no civil liability for required actions taken under the order.
Sec. 609.001. 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. Added by Acts 2021, 87th Leg., R.S., Ch. 245 (H.B. 1372), Sec. 2, eff. September 1, 2021. Redesignated from Business and Commerce Code, Chapter 608 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(5), eff. September 1, 2023.