Texas Business And Commerce Code Title 10, Chapter 321 - Regulation Of Certain Electronic Mail

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B PROHIBITED AND REQUIRED CONDUCT

• Texas Section 321.001 - 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,...
• Texas Section 321.051 - Transmission Of Certain Commercial Electronic Mail Messages Prohibited
  (a) In this section, "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service that is: (1) assigned through a...
• Texas Section 321.052 - Requirement For Transmission Of Unsolicited Commercial Electronic Mail Messages
  (a) A person may not intentionally take an action to transmit an unsolicited commercial electronic mail message unless: (1) "ADV:" appears first in the subject...

SUBCHAPTER C ENFORCEMENT

• Texas Section 321.053 - Selling Or Providing Certain Electronic Mail Addresses Prohibited
  A sender or a person acting on behalf of a sender may not sell or otherwise provide to another the electronic mail address of a...
• Texas Section 321.101 - Transmission Of Message Containing Obscene Material Or Material Depicting Sexual Conduct; Criminal Penalty
  (a) A person commits an offense if the person intentionally takes an action to transmit a message that contains obscene material or material depicting sexual...
• Texas Section 321.102 - Violation Of Chapter: General Civil Penalty And Injunctive Relief
  (a) A person who violates this chapter is liable to this state for a civil penalty in an amount not to exceed the lesser of:...
• Texas Section 321.103 - Violation Of Chapter: Deceptive Trade Practice
  A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, and any public or private right...
• Texas Section 321.104 - Violation Of Chapter: Civil Action For Damages
  (a) A person injured by a violation of this chapter may bring an action to recover: (1) actual damages, including lost profits; or (2) an...
• Texas Section 321.105 - Alternative Recovery For Persons Other Than Electronic Mail Service Providers
  (a) In lieu of actual damages, a person injured by a violation of this chapter arising from the transmission of an unsolicited or commercial electronic...
• Texas Section 321.106 - Alternative Recovery For Electronic Mail Service Providers
  In lieu of actual damages, an electronic mail service provider injured by a violation of this chapter arising from the transmission of an unsolicited or...
• Texas Section 321.107 - Required Notice Of Civil Action To Attorney General; Civil Penalty
  (a) A person who brings an action under Section 321.104 shall notify the attorney general of the action by mailing a copy of the petition...
• Texas Section 321.108 - Intervention In Civil Action By Attorney General
  The attorney general may intervene in an action brought under Section 321.104 by: (1) filing a notice of intervention with the court in which the...
• Texas Section 321.109 - Certification As Class Action Prohibited
  A court may not certify an action brought under this chapter as a class action. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B....
• Texas Section 321.110 - Protection Of Secrecy Or Security
  At the request of a party to an action brought under this chapter, the court, in the court's discretion, may conduct a legal proceeding in...
• Texas Section 321.111 - Immunity From Liability: Commercial Electronic Mail Message Transmitted By Error Or Accident
  A person may not be held liable under this chapter for a commercial electronic mail message that is transmitted as a result of an error...
• Texas Section 321.112 - Immunity From Liability: Telecommunications Utilities And Electronic Mail Service Providers
  (a) In this section, "telecommunications utility" has the meaning assigned by Section 51.002, Utilities Code. (b) A telecommunications utility or an electronic mail service provider...
• Texas Section 321.113 - Qualified Immunity From Liability Of Senders
  A sender may not be held liable for the transmission of an electronic mail message that violates this chapter if the sender: (1) contracts in...
• Texas Section 321.114 - Authority To Block Certain Commercial Electronic Mail Messages; Qualified Immunity
  (a) An electronic mail service provider may on its own initiative block the receipt or transmission through its service of any commercial electronic mail message...

Last modified: September 28, 2016