Texas Business & Commerce Code - Section 46.001. Definitions
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Texas Laws > Business & Commerce Code > Texas Business & Commerce Code - Section 46.001. Definitions
Section: 44.251 44.252 44.253 45.001 45.002 45.003 45.004 46.001 46.002 46.003 46.004 46.005 46.006 46.007 46.008
§ 46.001. DEFINITIONS. In this chapter:
(1) "Commercial electronic mail message" means an
electronic mail message that advertises, offers for sale or lease,
or promotes any goods, services, business opportunity, property, or
any other article, commodity, or thing of value.
(2) "Electronic mail" means a message, file, or other
information that is transmitted through a local, regional, or
global computer network, regardless of whether the message, file,
or other information is viewed, stored for retrieval at a later
time, printed, or filtered by a computer program that is designed or
intended to filter or screen those items.
(3) "Electronic mail service provider" means a person
(A) is qualified to do business in this state;
(B) is an intermediary in sending or receiving
electronic mail; and
(C) provides an end user of an electronic mail
service the ability to send or receive electronic mail.
(4) "Established business relationship" means a prior
or existing relationship of a person formed by a voluntary two-way
communication between a person and another person, regardless of
whether consideration is exchanged, regarding products or services
offered by one of the persons, that has not been terminated by
(5) "Internet domain name" refers to a globally
unique, hierarchical reference to an Internet host or service,
assigned through a centralized Internet naming authority and
composed of a series of character strings separated by periods with
the right-most string specifying the top of the hierarchy.
(6) "Obscene" has the meaning assigned by Section 43.
21, Penal Code.
(7) "Sender" means a person who initiates an
electronic mail message.
(8) "Sexual conduct" has the meaning assigned by
Section 43.25, Penal Code.
(9) "Unsolicited commercial electronic mail message"
means a commercial electronic mail message sent without the consent
of the recipient by a person with whom the recipient does not have
an established business relationship. The term does not include
electronic mail sent by an organization using electronic mail for
the purpose of communicating exclusively with members, employees,
or contractors of the organization.
Added by Acts 2003, 78th Leg., ch. 1053, § 1, eff. Sept. 1, 2003.
Last modified: August 11, 2007