reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 321.052 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter B. Prohibited and Required Conduct|Section 321.052. Requirement for Transmission of Unsolicited Commercial Electronic Mail Messages

Sec. 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 line of the message or, if the message contains obscene material or material depicting sexual conduct, "ADV:  ADULT ADVERTISEMENT" appears first in the subject line; and(2)  the sender or a person acting on behalf of the sender provides a functioning return electronic mail address to which a recipient of the message may, at no cost to the recipient, send a reply requesting the removal of the recipient's electronic mail address from the sender's electronic mail list.(b)  A sender shall remove a person's electronic mail address from the sender's electronic mail list not later than the third day after the date the sender receives a request for removal of that address under Subsection (a)(2).|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.053 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter B. Prohibited and Required Conduct|Section 321.053. Selling or Providing Certain Electronic Mail Addresses Prohibited

Sec. 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 person who requests the removal of that address from the sender's electronic mail list as provided by Section 321.052(a)(2), except as required by other law.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.054 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter B. Prohibited and Required Conduct|Section 321.054. Impeding Electronic Mail Messages Prohibited

Sec. 321.054.  IMPEDING ELECTRONIC MAIL MESSAGES PROHIBITED.  An electronic mail service provider may not intentionally impede the transmission of another person's electronic mail message based on the content of the message unless:(1)  the provider is authorized to block the transmission under Section 321.114 or other applicable state or federal law; or(2)  the provider has a good faith, reasonable belief that the message contains malicious computer code, obscene material, material depicting sexual conduct, or material that violates other law.|Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 5, eff. December 2, 2021.|
TX Bus & Com Code § 321.101 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.101. Transmission of Message Containing Obscene Material or Material Depicting Sexual Conduct; Criminal Penalty

Sec. 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 conduct in violation of Section 321.052(a)(1).(b)  An offense under this section is a Class B misdemeanor.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.102 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.102. Violation of Chapter: General Civil Penalty and Injunctive Relief

Sec. 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:(1)  $10 for each unlawful message or unlawful action; or(2)  $25,000 for each day an unlawful message is received or each day an unlawful action is taken.(b)  The attorney general or a prosecuting attorney in the county in which the violation occurs may:(1)  bring an action to recover the civil penalty; and(2)  obtain an injunction to prevent or restrain a violation of this chapter.(c)  The attorney general or prosecuting attorney may recover reasonable expenses incurred in recovering the civil penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.(d)  Subsection (a) does not apply to a violation of Section 321.107(a).|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.103 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.103. Violation of Chapter: Deceptive Trade Practice

Sec. 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 or remedy prescribed by that subchapter may be used to enforce this chapter, except as provided by Section 321.109.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.104 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.104. Violation of Chapter: Civil Action for Damages

Sec. 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 amount described by Section 321.105 or 321.106, as applicable.(b)  A person who prevails in the action is entitled to recover reasonable attorney's fees and court costs.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.105 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.105. Alternative Recovery for Persons Other Than Electronic Mail Service Providers

Sec. 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 mail message or by a violation of Section 321.054 may recover an amount equal to the lesser of:(1)  $10 for each unlawful message or each message unlawfully impeded, as applicable; or(2)  $25,000 for each day the unlawful message is received or the message is unlawfully impeded, as applicable.(b)  Subsection (a) does not apply to a person who is an electronic mail service provider.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Amended by: Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 6, eff. December 2, 2021.|
TX Bus & Com Code § 321.106 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.106. Alternative Recovery for Electronic Mail Service Providers

Sec. 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 commercial electronic mail message may recover an amount equal to the greater of:(1)  $10 for each unlawful message; or(2)  $25,000 for each day the unlawful message is received.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.107 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.107. Required Notice of Civil Action to Attorney General; Civil Penalty

Sec. 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 by registered or certified mail not later than the 30th day after the date the petition is filed and at least 10 days before the date set for a hearing on the action.(b)  A person who violates Subsection (a) is liable to this state for a civil penalty in an amount not to exceed $200 for each violation.  The attorney general may bring an action to recover the civil penalty in the court in which the action under Section 321.104 was brought.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.108 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.108. Intervention in Civil Action by Attorney General

Sec. 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 action is pending; and(2)  serving each party to the action with a copy of the notice of intervention.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.109 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.109. Certification as Class Action Prohibited

Sec. 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. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.110 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.110. Protection of Secrecy or Security

Sec. 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 a manner that protects:(1)  the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved so as to prevent a possible recurrence of the same or a similar act by another person; or(2)  any trade secret of a party to the action.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.111 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.111. Immunity From Liability: Commercial Electronic Mail Message Transmitted by Error or Accident

Sec. 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 or accident.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.112 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.112. Immunity From Liability: Telecommunications Utilities and Electronic Mail Service Providers

Sec. 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 may not be held liable under Section 321.051 or 321.052 and is not subject to a penalty provided by this chapter.(c)  A person injured by a violation of this chapter does not have a cause of action against a telecommunications utility or an electronic mail service provider under this chapter solely because the utility or service provider:(1)  is an intermediary between the sender, or a person acting on behalf of the sender, and the recipient in the transmission of electronic mail that violates this chapter;(2)  provides transmission, routing, relaying, handling, or storing, through an automatic technical process, of an unsolicited commercial electronic mail message through the utility's or service provider's computer network or facilities; or(3)  provides telecommunications services, information services, or other services used in the transmission of an electronic mail message that violates this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.113 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.113. Qualified Immunity From Liability of Senders

Sec. 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 good faith with an electronic mail service provider to transmit electronic mail messages for the sender; and(2)  has no reason to believe the electronic mail service provider will transmit any of the sender's electronic mail messages in violation of this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 321.114 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 321 - Regulation of Electronic Mail|Subchapter C. Enforcement|Section 321.114. Authority to Block Certain Commercial Electronic Mail Messages; Qualified Immunity

Sec. 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 that the service provider reasonably believes is or will be transmitted in violation of this chapter, if the service provider:(1)  provides a process for the prompt, good faith resolution of a dispute related to the blocking with the sender of the commercial electronic mail message; and(2)  makes contact information for the resolution of the dispute accessible to the public on the service provider's Internet website.(b)  An electronic mail service provider who complies with Subsection (a) may not be held liable for blocking the receipt or transmission through its service of any commercial electronic mail message that the service provider reasonably believes is or will be transmitted in violation of this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 324.001 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 324 - Consumer Protection Against Computer Spyware|Subchapter A. General Provisions|Section 324.001. Short Title

Sec. 324.001.  SHORT TITLE.  This chapter may be cited as the Consumer Protection Against Computer Spyware Act.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 324.002 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 324 - Consumer Protection Against Computer Spyware|Subchapter A. General Provisions|Section 324.002. Definitions

Sec. 324.002.  DEFINITIONS.  In this chapter:(1)  "Advertisement" means a communication that includes the promotion of a commercial product or service, including communication on an Internet website operated for a commercial purpose.(1-a)  "Botnet" means a collection of two or more zombies.(2)  "Computer software" means a sequence of instructions written in a programming language that is executed on a computer.  The term does not include:(A)  a web page;  or(B)  a data component of a web page that cannot be executed independently of that page.(3)  "Damage," with respect to a computer, means significant impairment to the integrity or availability of data, computer software, a system, or information.(4)  "Execute," with respect to computer software, means to perform a function or carry out instructions.(5)  "Keystroke-logging function" means a function of a computer software program that:(A)  records all keystrokes made by a person using a computer; and(B)  transfers that information from the computer to another person.(6)  "Owner or operator of a computer" means the owner or lessee of a computer or an individual using a computer with the authorization of the owner or lessee of the computer.  The phrase "owner of a computer," with respect to a computer sold at retail, does not include a person who owned the computer before the date on which the computer was sold.(7)  "Person" means an individual, partnership, corporation, limited liability company, or other organization, or a combination of those organizations.(8)  "Personally identifiable information," with respect to an individual who is the owner or operator of a computer, means:(A)  a first name or first initial in combination with a last name;(B)  a home or other physical address, including street name;(C)  an electronic mail address;(D)  a credit or debit card number;(E)  a bank account number;(F)  a password or access code associated with a credit or debit card or bank account;(G)  a social security number, tax identification number, driver's license number, passport number, or other government-issued identification number;  or(H)  any of the following information if the information alone or in combination with other information personally identifies the individual:(i)  account balances;(ii)  overdraft history;  or(iii)  payment history.(9)  "Zombie" means a computer that, without the knowledge and consent of the computer's owner or operator, has been compromised to give access or control to a program or person other than the computer's owner or operator.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Amended by: Acts 2009, 81st Leg., R.S., Ch. 718 (S.B. 28), Sec. 1, eff. September 1, 2009.|
TX Bus & Com Code § 324.003 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 324 - Consumer Protection Against Computer Spyware|Subchapter A. General Provisions|Section 324.003. Exceptions to Applicability of Chapter

Sec. 324.003.  EXCEPTIONS TO APPLICABILITY OF CHAPTER.  (a)  Section 324.052, other than Subdivision (1) of that section, and Sections 324.053(4), 324.054, and 324.055 do not apply to a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service that monitors or has interaction with a subscriber's Internet or other network connection or service or a protected computer for:(1)  a network or computer security purpose;(2)  diagnostics, technical support, or a repair purpose;(3)  an authorized update of computer software or system firmware;(4)  authorized remote system management; or(5)  detection or prevention of unauthorized use of or fraudulent or other illegal activity in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter.(b)  This chapter does not apply to:(1)  the use of a navigation device, any interaction with a navigation device, or the installation or use of computer software on a navigation device by a multichannel video programming distributor, as defined by 47 U.S.C. Section 522(13), or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the provision of the programming or other service is subject to 47 U.S.C. Section 338(i) or 551;  or(2)  the collection or disclosure of subscriber information by a multichannel video programming distributor, as defined by 47 U.S.C. Section 522(13), or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the collection or disclosure of the information is subject to 47 U.S.C. Section 338(i) or 551.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Amended by: Acts 2009, 81st Leg., R.S., Ch. 718 (S.B. 28), Sec. 2, eff. September 1, 2009.|
TX Bus & Com Code § 324.004 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 324 - Consumer Protection Against Computer Spyware|Subchapter A. General Provisions|Section 324.004. Causing Computer Software to Be Copied

Sec. 324.004.  CAUSING COMPUTER SOFTWARE TO BE COPIED.  For purposes of this chapter, a person causes computer software to be copied if the person distributes or transfers computer software or a component of computer software.  Causing computer software to be copied does not include:(1)  transmitting or routing computer software or a component of the software;(2)  providing intermediate temporary storage or caching of software;(3)  providing a storage medium such as a compact disk;(4)  a website;(5)  the distribution of computer software by a third party through a computer server; or(6)  providing an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of a computer is able to locate computer software.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.|
TX Bus & Com Code § 324.005 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 10 - Use of Telecommunications|Subtitle B - Electronic Communications|Chapter 324 - Consumer Protection Against Computer Spyware|Subchapter A. General Provisions|Section 324.005. Knowing Violation

Sec. 324.005.  KNOWING VIOLATION.  A person knowingly violates Section 324.051, 324.052, 324.053, or 324.055 if the person:(1)  acts with actual knowledge of the facts that constitute the violation; or(2)  consciously avoids information that would establish actual knowledge of those facts.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.Amended by: Acts 2009, 81st Leg., R.S., Ch. 718 (S.B. 28), Sec. 3, eff. September 1, 2009.|