2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 606 - Suspension, Termination, or Reinstatement of Certain Services for Active Duty Military Service Members › Section 606.002. Suspension or Termination of Certain Services for Active Duty Military Service Members

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 888 (H.B. 3066), Sec. 2, eff. June 15, 2017.