reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 305 - Telephonic Communications Made for Purpose of Solicitation › Subchapter A. Prohibited Communications Made For › Section 305.003. Prohibited Facsimile Transmissions: Hours of Transmission

Sec. 305.003.  PROHIBITED FACSIMILE TRANSMISSIONS:  HOURS OF TRANSMISSION.  A person may not make or cause to be made a transmission for the purpose of a solicitation or sale to a facsimile recording device after 11 p.m. and before 7 a.m.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 305 - Telephonic Communications Made for Purpose of Solicitation › Subchapter B. Enforcement › Section 305.051. Investigation

Sec. 305.051.  INVESTIGATION.  (a)  On complaint of a called person that a person has violated Section 305.001, 305.002, or 305.003, the county or district attorney of the county in which the called person resides shall investigate the complaint and file charges if appropriate.
(b)  A telephone company serving the caller or called person is not responsible for investigating a complaint or keeping records relating to this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 305 - Telephonic Communications Made for Purpose of Solicitation › Subchapter B. Enforcement › Section 305.052. Criminal Penalty

Sec. 305.052.  CRIMINAL PENALTY.  (a)  A person who violates Section 305.001, 305.002, or 305.003 commits an offense.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 305 - Telephonic Communications Made for Purpose of Solicitation › Subchapter B. Enforcement › Section 305.053. Civil Action

Sec. 305.053.  CIVIL ACTION.  (a)  A person who receives a communication that violates 47 U.S.C. Section 227, a regulation adopted under that provision, or Subchapter A may bring an action in this state against the person who originates the communication for:
(1)  an injunction;
(2)  damages in the amount provided by this section; or
(3)  both an injunction and damages.
(b)  A plaintiff who prevails in an action for damages under this section is entitled to the greater of:
(1)  $500 for each violation; or
(2)  the plaintiff's actual damages.
(c)  If the court finds that the defendant committed the violation knowingly or intentionally, the court may increase the amount of the award of damages under Subsection (b) to not more than the greater of:
(1)  $1,500 for each violation; or
(2)  three times the plaintiff's actual damages.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 306 - Protection of Consumer Telephone Records › Subchapter A. General Provisions › Section 306.001. Definitions

Sec. 306.001.  DEFINITIONS.  In this chapter:
(1)  "Caller identification record" means a record that:
(A)  is delivered electronically to the recipient of a telephone call simultaneously with the reception of the call; and
(B)  indicates the telephone number from which the telephone call was made or other similar information regarding the call.
(2)  "Telephone company" means a provider of commercial telephone services, or a provider that bills for those services, regardless of the technology used to provide that service, including landline, radio, wireless, microwave, satellite, Voice over Internet Protocol (VoIP), or other cable, broadband, or digital technology.
(3)  "Telephone record" means a written, electronic, or oral record, other than a caller identification record collected and retained by or on behalf of a customer, created by a telephone company about a customer, that includes:
(A)  the telephone number:
(i)  dialed by a customer; or
(ii)  of an incoming call made to a customer;
(B)  the time a call was made to or by a customer;
(C)  the duration of a call made to or by a customer; or
(D)  the location from which a call was initiated or at which a call was received by a customer.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 306 - Protection of Consumer Telephone Records › Subchapter A. General Provisions › Section 306.002. Nonapplicability to Law Enforcement Agencies

Sec. 306.002.  NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.  This chapter does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, or a political subdivision of a state or of an intelligence agency of the United States.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 306 - Protection of Consumer Telephone Records › Subchapter A. General Provisions › Section 306.003. Construction of Chapter

Sec. 306.003.  CONSTRUCTION OF CHAPTER.  This chapter does not apply to expand the obligations or duties of a telephone company under federal or other state law to protect telephone records.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 306 - Protection of Consumer Telephone Records › Subchapter A. General Provisions › Section 306.004. Consistency With Federal Law

Sec. 306.004.  CONSISTENCY WITH FEDERAL LAW.  This chapter may not be construed in a manner that is inconsistent with 18 U.S.C. Section 1038, 47 U.S.C. Section 222, or any other applicable federal law or rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 306 - Protection of Consumer Telephone Records › Subchapter B. Prohibited Conduct or Activity › Section 306.052. Exceptions

Sec. 306.052.  EXCEPTIONS.  Section 306.051 does not apply to:
(1)  a person who acted pursuant to a valid court order, warrant, subpoena, or civil investigative demand;
(2)  a telephone company that disclosed a telephone record:
(A)  the disclosure of which is otherwise authorized by law;
(B)  reasonably believing the disclosure was necessary to:
(i)  provide service to a customer;
(ii)  protect an individual from fraudulent, abusive, or unlawful use of a telephone record or telephone service; or
(iii)  protect the rights or property of the company;
(C)  to the National Center for Missing and Exploited Children in connection with a report submitted under 42 U.S.C. Section 13032;
(D)  for purposes of testing the company's security procedures or systems for maintaining the confidentiality of customer information;
(E)  to a governmental entity, if the company reasonably believed that an emergency involving danger of death or serious physical injury to a person justified disclosure of the information;
(F)  in connection with the sale or transfer of all or part of the company's business, the purchase or acquisition of all or part of another company's business, or the migration of a customer from one telephone company to another telephone company;
(G)  necessarily incident to the rendition of the service, to initiate, render, bill, and collect the customer's charges, or to protect the customer of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or
(H)  while acting reasonably and in good faith, notwithstanding a later determination that the action was not authorized; or
(3)  a person or a telephone company that acted in connection with the official duties of a 9-1-1 governmental entity or a public agency solely for purposes of delivering or assisting in the delivery of 9-1-1 emergency services and other emergency services.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle A - Telephones › Chapter 306 - Protection of Consumer Telephone Records › Subchapter B. Prohibited Conduct or Activity › Section 306.053. Deceptive Trade Practice; Enforcement

Sec. 306.053.  DECEPTIVE TRADE PRACTICE; ENFORCEMENT.  A violation of this chapter is a false, misleading, or deceptive act or practice under Section 17.46 and is subject to action only by the consumer protection division of the attorney general's office as provided by Section 17.46(a).
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.008(a), eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 321 - Regulation of Electronic Mail › Subchapter A. General Provisions › Section 321.001. Definitions

Sec. 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, business opportunity, property, or 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 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 the message, file, or information.
(3)  "Electronic mail service provider" means a person who:
(A)  is authorized to transact business in this state;
(B)  is an intermediary in transmitting or receiving electronic mail; and
(C)  provides to an end user of an electronic mail service the ability to transmit or receive electronic mail.
(4)  "Established business relationship" means a relationship that:
(A)  is formed by a voluntary two-way communication between a person and another person, regardless of whether consideration is exchanged;
(B)  pertains to a product or service offered by one of the persons; and
(C)  has not been terminated by either person.
(4-a)  "Malicious computer code" means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that:
(A)  is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files; or
(B)  is intended to perform an unauthorized process that will adversely impact the confidentiality of information contained in or the integrity or availability of the computer's memory, operating system, or program.
(5)  "Obscene" has the meaning assigned by Section 43.21, Penal Code.
(6)  "Sender" means a person who initiates an electronic mail message.
(7)  "Sexual conduct" has the meaning assigned by Section 43.25, Penal Code.
(8)  "Unsolicited commercial electronic mail message" means a commercial electronic mail message transmitted 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 transmitted by an organization using electronic mail to communicate exclusively with members, employees, or contractors of the organization.
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. 4, eff. December 2, 2021.
2023 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 321.051. Transmission of Certain Commercial Electronic Mail Messages Prohibited

Sec. 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 centralized Internet naming authority; and
(2)  composed of a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
(b)  A person may not intentionally transmit a commercial electronic mail message that:
(1)  is an unsolicited commercial electronic mail message and falsifies the electronic mail transmission or routing information;
(2)  contains false, deceptive, or misleading information in the subject line; or
(3)  uses another person's Internet domain name without the other person's consent.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.001. Short Title

Sec. 322.001.  SHORT TITLE.  This chapter may be cited as the Uniform Electronic Transactions Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.003. Scope

Sec. 322.003.  SCOPE.  (a)  Except as otherwise provided in Subsections (b) and (e), this chapter applies to electronic records and electronic signatures relating to a transaction.
(b)  This chapter does not apply to a transaction to the extent it is governed by:
(1)  a law governing the creation and execution of wills, codicils, or testamentary trusts;  or
(2)  the Uniform Commercial Code, other than Sections 1.107 and 1.206 and Chapters 2 and 2A.
(c)  This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (b) when used for a transaction subject to a law other than those specified in Subsection (b).
(d)  A transaction subject to this chapter is also subject to other applicable substantive law.
(e)  This chapter does not apply to the transmission, preparation, completion, enforceability, or admissibility of a document in any form that is:
(1)  produced by a court reporter appointed under Chapter 52, Government Code, or a court reporter certified under or a shorthand reporting firm registered under Chapter 154, Government Code, for use in the state or federal judicial system; or
(2)  governed by rules adopted by the supreme court, including rules governing the electronic filing system established by the supreme court.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.01, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.004. Prospective Application

Sec. 322.004.  PROSPECTIVE APPLICATION.  This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2002.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.005. Use of Electronic Records and Electronic Signatures; Variation by Agreement

Sec. 322.005.  USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT.  (a)  This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b)  This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means.  Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c)  A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means.  The right granted by this subsection may not be waived by agreement.
(d)  Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement.  The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e)  Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.006. Construction and Application

Sec. 322.006.  CONSTRUCTION AND APPLICATION.  This chapter must be construed and applied:
(1)  to facilitate electronic transactions consistent with other applicable law;
(2)  to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices;  and
(3)  to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.007. Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts

Sec. 322.007.  LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.  (a)  A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b)  A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c)  If a law requires a record to be in writing, an electronic record satisfies the law.
(d)  If a law requires a signature, an electronic signature satisfies the law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.008. Provision of Information in Writing; Presentation of Records

Sec. 322.008.  PROVISION OF INFORMATION IN WRITING;  PRESENTATION OF RECORDS.  (a)  If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt.  An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b)  If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1)  the record must be posted or displayed in the manner specified in the other law;
(2)  except as otherwise provided in Subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law; and
(3)  the record must contain the information formatted in the manner specified in the other law.
(c)  If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d)  The requirements of this section may not be varied by agreement, but:
(1)  to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under Subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2)  a requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail may be varied by agreement to the extent permitted by the other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.009. Attribution and Effect of Electronic Record and Electronic Signature

Sec. 322.009.  ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.  (a)  An electronic record or electronic signature is attributable to a person if it was the act of the person.  The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b)  The effect of an electronic record or electronic signature attributed to a person under Subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.010. Effect of Change or Error

Sec. 322.010.  EFFECT OF CHANGE OR ERROR.  (a)  If a change or error in an electronic record occurs in a transmission between parties to a transaction, the rules provided by this section apply.
(b)  If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(c)  In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(1)  promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(2)  takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(3)  has not used or received any benefit or value from the consideration, if any, received from the other person.
(d)  If neither Subsection (b) nor Subsection (c) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(e)  Subsections (c) and (d) may not be varied by agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.011. Notarization and Acknowledgment

Sec. 322.011.  NOTARIZATION AND ACKNOWLEDGMENT.  If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.012. Retention of Electronic Records; Originals

Sec. 322.012.  RETENTION OF ELECTRONIC RECORDS; ORIGINALS.  (a)  If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1)  accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2)  remains accessible for later reference.
(b)  A requirement to retain a record in accordance with Subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c)  A person may satisfy Subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d)  If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with Subsection (a).
(e)  If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with Subsection (a).
(f)  A record retained as an electronic record in accordance with Subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after January 1, 2002, specifically prohibits the use of an electronic record for the specified purpose.
(g)  This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.013. Admissibility in Evidence

Sec. 322.013.  ADMISSIBILITY IN EVIDENCE.  In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.014. Automated Transaction

Sec. 322.014.  AUTOMATED TRANSACTION.  (a)  In an automated transaction, the rules provided by this section apply.
(b)  A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(c)  A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(d)  The terms of the contract are determined by the substantive law applicable to it.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.015. Time and Place of Sending and Receipt

Sec. 322.015.  TIME AND PLACE OF SENDING AND RECEIPT.  (a)  Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1)  is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2)  is in a form capable of being processed by that system; and
(3)  enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b)  Unless otherwise agreed between the sender and the recipient, an electronic record is received when:
(1)  it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2)  it is in a form capable of being processed by that system.
(c)  Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under Subsection (d).
(d)  Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business.  For purposes of this subsection, the following rules apply:
(1)  if the sender or the recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction; and
(2)  if the sender or the recipient does not have a place of business, the place of business is the sender's or the recipient's residence, as the case may be.
(e)  An electronic record is received under Subsection (b) even if no individual is aware of its receipt.
(f)  Receipt of an electronic acknowledgment from an information processing system described in Subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g)  If a person is aware that an electronic record purportedly sent under Subsection (a), or purportedly received under Subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law.  Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.