reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 322 - Uniform Electronic Transactions Act › Section 322.017. Acceptance and Distribution of Electronic Records by Governmental Agencies

Sec. 322.017.  ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.  (a)  Except as otherwise provided by Section 322.012(f), each state agency shall determine whether, and the extent to which, the agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b)  To the extent that a state agency uses electronic records and electronic signatures under Subsection (a), the Department of Information Resources and Texas State Library and Archives Commission, pursuant to their rulemaking authority under other law and giving due consideration to security, may specify:
(1)  the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2)  if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3)  control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records;  and
(4)  any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c)  Except as otherwise provided in Section 322.012(f), this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
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 322.018. Interoperability

Sec. 322.018.  INTEROPERABILITY.  The Department of Information Resources may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state.  If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
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 322.019. Exemption to Preemption by Federal Electronic Signatures Act

Sec. 322.019.  EXEMPTION TO PREEMPTION BY FEDERAL ELECTRONIC SIGNATURES ACT.  This chapter modifies, limits, or supersedes the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) as authorized by Section 102 of that Act (15 U.S.C. Section 7002).
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 322.020. Applicability of Penal Code

Sec. 322.020.  APPLICABILITY OF PENAL CODE.  This chapter does not authorize any activity that is prohibited by the Penal Code.
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 322.021. Certain Requirements Considered to Be Recommendations

Sec. 322.021.  CERTAIN REQUIREMENTS CONSIDERED TO BE RECOMMENDATIONS.  Any requirement of the Department of Information Resources or the Texas State Library and Archives Commission under this chapter that generally applies to one or more state agencies using electronic records or electronic signatures is considered to be a recommendation to the comptroller concerning the electronic records or electronic signatures used by the comptroller.  The comptroller may adopt or decline to adopt the recommendation.
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 323 - Provision of Software or Services to Block or Screen Internet Material › Section 323.001. Definitions

Sec. 323.001.  DEFINITIONS.  In this chapter:
(1)  "Freeware" means software distributed to a person free of charge, regardless of whether use of the software is subject to certain restrictions.
(2)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(3)  "Interactive computer service" means any information service or system that provides or enables computer access to the Internet by multiple users.
(4)  "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet.
(5)  "Shareware" means copyrighted software for which the copyright owner sets certain conditions for the software's distribution and use, including requiring payment to the copyright owner after a person who has secured a copy of the software decides to use the software, regardless of whether the payment is for additional support or functionality of the software.
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 323 - Provision of Software or Services to Block or Screen Internet Material › Section 323.002. Software or Services That Restrict Access to Certain Internet Material

Sec. 323.002.  SOFTWARE OR SERVICES THAT RESTRICT ACCESS TO CERTAIN INTERNET MATERIAL.  (a)  This section does not apply to:
(1)  the Department of Information Resources, in the department's capacity as the telecommunications provider for this state; or
(2)  an institution of higher education that provides interactive computer service.
(b)  A person who charges a fee to provide an interactive computer service shall provide free of charge to each subscriber of the service in this state a link leading to fully functional shareware, freeware, or a demonstration version of software or to a service that, for at least one operating system, enables the subscriber to automatically block or screen material on the Internet.
(c)  A person who charges a fee to provide an interactive computer service is in compliance with this section if the person places, on the person's first page of world wide web text information accessible to a subscriber, a link leading to the software or service described by Subsection (b).  The identity of the link or other on-screen depiction of the link must appear set out from surrounding written or graphical material so as to be conspicuous.
(d)  A person who provides a link that complies with this section is not liable to a subscriber for any temporary inoperability of the link or for the effectiveness of the software or service to which the person links.
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 323 - Provision of Software or Services to Block or Screen Internet Material › Section 323.003. Civil Penalty

Sec. 323.003.  CIVIL PENALTY.  (a)  A person is liable to this state for a civil penalty of $2,000 for each day the person violates Section 323.002.  The aggregate civil penalty may not exceed $60,000.
(b)  The attorney general may bring an action against a person who violates Section 323.002 to recover the civil penalty.  Before bringing the action, the attorney general shall give the person notice of the person's noncompliance and liability for a civil penalty.  If the person complies with Section 323.002 not later than the 30th day after the date of the notice, the violation is cured and the person is not liable for the civil penalty.
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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 324.006. Intentionally Deceptive Means

Sec. 324.006.  INTENTIONALLY DECEPTIVE MEANS.  For purposes of this chapter, a person is considered to have acted through intentionally deceptive means if the person, with the intent to deceive the owner or operator of a computer:
(1)  intentionally makes a materially false or fraudulent statement;
(2)  intentionally makes a statement or uses a description that omits or misrepresents material information;  or
(3)  intentionally and materially fails to provide to the owner or operator any notice regarding the installation or execution of computer software.
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 324 - Consumer Protection Against Computer Spyware › Subchapter B. Prohibited Conduct or Activities › Section 324.051. Unauthorized Collection or Culling of Personally Identifiable Information

Sec. 324.051.  UNAUTHORIZED COLLECTION OR CULLING OF PERSONALLY IDENTIFIABLE INFORMATION.  A person other than the owner or operator of the computer may not knowingly cause computer software to be copied to a computer in this state and use the software to:
(1)  collect personally identifiable information through intentionally deceptive means:
(A)  by using a keystroke-logging function; or
(B)  in a manner that correlates that information with information regarding all or substantially all of the websites visited by the owner or operator of the computer, other than websites operated by the person collecting the information;  or
(2)  cull, through intentionally deceptive means, the following kinds of personally identifiable information from the consumer's computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an owner or operator of the computer:
(A)  a credit or debit card number;
(B)  a bank account number;
(C)  a password or access code associated with a credit or debit card number or a bank account;
(D)  a social security number;
(E)  account balances;  or
(F)  overdraft history.
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 324 - Consumer Protection Against Computer Spyware › Subchapter B. Prohibited Conduct or Activities › Section 324.052. Unauthorized Access to or Modifications of Computer Settings; Computer Damage

Sec. 324.052.  UNAUTHORIZED ACCESS TO OR MODIFICATIONS OF COMPUTER SETTINGS;  COMPUTER DAMAGE.  A person other than the owner or operator of the computer may not knowingly cause computer software to be copied to a computer in this state and use the software to:
(1)  modify, through intentionally deceptive means, a setting that controls:
(A)  the page that appears when an Internet browser or a similar software program is launched to access and navigate the Internet;
(B)  the default provider or web proxy used to access or search the Internet;  or
(C)  a list of bookmarks used to access web pages;
(2)  take control of the computer by:
(A)  accessing or using the computer's modem or Internet service to:
(i)  cause damage to the computer;
(ii)  cause the owner or operator of the computer to incur financial charges for a service the owner or operator did not previously authorize; or
(iii)  cause a third party affected by the conduct to incur financial charges for a service the third party did not previously authorize; or
(B)  opening, without the consent of the owner or operator of the computer, an advertisement that:
(i)  is in the owner's or operator's Internet browser in a multiple, sequential, or stand-alone form;  and
(ii)  cannot be closed by an ordinarily reasonable person using the computer without closing the browser or shutting down the computer;
(3)  modify settings on the computer that relate to access to or use of the Internet and protection of information for purposes of stealing personally identifiable information of the owner or operator of the computer;  or
(4)  modify security settings on the computer relating to access to or use of the Internet for purposes of causing damage to one or more computers.
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 324 - Consumer Protection Against Computer Spyware › Subchapter B. Prohibited Conduct or Activities › Section 324.053. Unauthorized Interference With Installation or Disabling of Computer Software

Sec. 324.053.  UNAUTHORIZED INTERFERENCE WITH INSTALLATION OR DISABLING OF COMPUTER SOFTWARE.  A person other than the owner or operator of the computer may not knowingly cause computer software to be copied to a computer in this state and use the software to:
(1)  prevent, through intentionally deceptive means, reasonable efforts of the owner or operator of the computer to block the installation or execution of or to disable computer software by causing computer software that the owner or operator has properly removed or disabled to automatically reinstall or reactivate on the computer;
(2)  intentionally misrepresent to another that computer software will be uninstalled or disabled by the actions of the owner or operator of the computer;
(3)  remove, disable, or render inoperative, through intentionally deceptive means, security, antispyware, or antivirus computer software installed on the computer;
(4)  prevent reasonable efforts of the owner or operator to block the installation of or to disable computer software by:
(A)  presenting the owner or operator with an option to decline the installation of software knowing that, when the option is selected, the installation process will continue to proceed; or
(B)  misrepresenting that software has been disabled;
(5)  change the name, location, or other designation of computer software to prevent the owner from locating and removing the software; or
(6)  create randomized or intentionally deceptive file names or random or intentionally deceptive directory folders, formats, or registry entries to avoid detection and prevent the owner from removing computer software.
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 324 - Consumer Protection Against Computer Spyware › Subchapter B. Prohibited Conduct or Activities › Section 324.054. Other Prohibited Conduct

Sec. 324.054.  OTHER PROHIBITED CONDUCT.  A person other than the owner or operator of the computer may not:
(1)  induce the owner or operator of a computer in this state to install a computer software component to the computer by intentionally misrepresenting the extent to which the installation is necessary:
(A)  for security or privacy reasons;
(B)  to open or view text; or
(C)  to play a particular type of musical or other content; or
(2)  copy and execute or cause the copying and execution of a computer software component to a computer in this state in a deceptive manner with the intent to cause the owner or operator of the computer to use the component in a manner 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 324 - Consumer Protection Against Computer Spyware › Subchapter C. Civil Remedies › Section 324.101. Private Action

Sec. 324.101.  PRIVATE ACTION.  (a)  Any of the following persons, if adversely affected by the violation, may bring a civil action against a person who violates Section 324.051, 324.052, 324.053, or 324.054:
(1)  a provider of computer software;
(2)  an owner of a web page or trademark;
(3)  a telecommunications carrier;
(4)  a cable operator; or
(5)  an Internet service provider.
(b)  Each separate violation of this chapter is an actionable violation.
(c)  In addition to any other remedy provided by law and except as provided by Subsection (g), a person who brings an action under this section may obtain:
(1)  injunctive relief that restrains the violator from continuing the violation;
(2)  subject to Subsection (d), damages in an amount equal to the greater of:
(A)  actual damages arising from the violation;  or
(B)  $100,000 for each violation of the same nature;  or
(3)  both injunctive relief and damages.
(d)  The court may increase the amount of an award of actual damages in an action brought under Subsection (c) to an amount not to exceed three times the amount of actual damages sustained if the court finds that the violation has reoccurred with sufficient frequency to constitute a pattern or practice.
(e)  A plaintiff who prevails in an action brought under Subsection (c) is entitled to recover reasonable attorney's fees and court costs.
(f)  For purposes of Subsection (c), violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
(g)  If a violation of Section 324.052 causes a telecommunications carrier or cable operator to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of the telecommunications carrier or cable operator as a result of the violation, the telecommunications carrier or cable operator may in addition to any other remedy provided by law:
(1)  apply to a court for an order to enjoin the violation;
(2)  recover the charges the telecommunications carrier or cable operator is obligated to pay to a telecommunications carrier, a cable operator, another provider of transmission capability, or an information service provider as a result of the violation, including charges for the origination, transport, or termination of the call;
(3)  recover the costs of handling customer inquiries or complaints with respect to amounts billed for calls as a result of the violation;
(4)  recover other costs, including court costs, and reasonable attorney's fees; or
(5)  both apply for injunctive relief and recover charges and other costs as provided by this subsection.
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. 5, eff. September 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 324 - Consumer Protection Against Computer Spyware › Subchapter C. Civil Remedies › Section 324.102. Civil Penalty; Injunctive Relief

Sec. 324.102.  CIVIL PENALTY; INJUNCTIVE RELIEF.  (a)  A person who violates this chapter is liable to this state for a civil penalty in an amount not to exceed $100,000 for each violation.  The attorney general may bring an action to recover the civil penalty imposed by this subsection.
(b)  If it appears to the attorney general that a person is engaging in, has engaged in, or is about to engage in conduct that violates this chapter, the attorney general may bring an action in the name of the state against the person to restrain the violation by a temporary restraining order or by a permanent or temporary injunction.
(c)  The attorney general is entitled to recover reasonable expenses incurred in obtaining civil penalties or injunctive relief, or both, under this section, including 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 325 - Internet Fraud › Section 325.001. Short Title

Sec. 325.001.  SHORT TITLE.  This chapter may be cited as the Anti-Phishing 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 325 - Internet Fraud › Section 325.002. Definitions

Sec. 325.002.  DEFINITIONS.  In this chapter:
(1)  "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.
(2)  "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(3)  "Identifying information" has the meaning assigned by Section 32.51, Penal Code.
(4)  "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service that is:
(A)  assigned through a centralized Internet naming authority; and
(B)  composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy.
(5)  "Web page" means:
(A)  a location that has a single uniform resource locator with respect to the world wide web; or
(B)  another location that can be accessed on the Internet.
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 325 - Internet Fraud › Section 325.003. Inapplicability of Chapter

Sec. 325.003.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.
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 325 - Internet Fraud › Section 325.004. Creation and Use of Web Page or Domain Name for Fraudulent Purpose Prohibited

Sec. 325.004.  CREATION AND USE OF WEB PAGE OR DOMAIN NAME FOR FRAUDULENT PURPOSE PROHIBITED.  A person may not, with the intent to engage in conduct involving the fraudulent use or possession of identifying information of another person:
(1)  create a web page or Internet domain name that is represented as a legitimate online business without the authorization of the registered owner of that business; and
(2)  use that web page or a link to that web page, that domain name, or another site on the Internet to induce, request, or solicit another person to provide identifying information for a purpose that the other person believes is legitimate.
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 325 - Internet Fraud › Section 325.005. Transmission of Fraudulent Electronic Mail Prohibited

Sec. 325.005.  TRANSMISSION OF FRAUDULENT ELECTRONIC MAIL PROHIBITED.  A person may not, with the intent to engage in conduct involving the fraudulent use or possession of identifying information, send or cause to be sent to an electronic mail address held by a resident of this state an electronic mail message that:
(1)  is falsely represented as being sent by a legitimate online business;
(2)  refers or links the recipient to a web page that is represented as being associated with the legitimate online business; and
(3)  directly or indirectly induces, requests, or solicits the recipient to provide identifying information for a purpose that the recipient believes is legitimate.
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 325 - Internet Fraud › Section 325.006. Civil Action for Injunctive Relief or Damages

Sec. 325.006.  CIVIL ACTION FOR INJUNCTIVE RELIEF OR DAMAGES.  (a)  Any of the following persons may bring a civil action against a person who violates this chapter:
(1)  a person who is engaged in the business of providing Internet access service to the public and is adversely affected by the violation;
(2)  an owner of a web page or trademark who is adversely affected by the violation; or
(3)  the attorney general.
(b)  A person who brings an action under this section may obtain:
(1)  injunctive relief that restrains the violator from continuing the violation;
(2)  subject to Subsection (c), damages in an amount equal to the greater of:
(A)  actual damages arising from the violation; or
(B)  $100,000 for each violation of the same nature; or
(3)  both injunctive relief and damages.
(c)  The court may increase the amount of an award of actual damages in an action brought under this section to an amount not to exceed three times the actual damages sustained if the court finds that the violation:
(1)  has reoccurred with sufficient frequency to constitute a pattern or practice; or
(2)  adversely affected an elderly individual.
(d)  A plaintiff who prevails in an action brought under this section is entitled to recover reasonable attorney's fees and court costs.
(e)  For purposes of this section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
(f)  In this section, "elderly individual" has the meaning assigned by Section 22.04, Penal Code.
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. 255 (H.B. 883), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 326 - Automated Sales Suppression Devices; Phantom-Ware › Section 326.001. Definitions

Sec. 326.001.  DEFINITIONS.  In this chapter:
(1)  "Automated sales suppression device" means a device or software program that falsifies an electronic record, including transaction data or a transaction report, of an electronic cash register or other point-of-sale system.  The term includes a device that carries the software program or an Internet link to the software program.
(2)  "Electronic cash register" means a device or point-of-sale system that maintains a register or documentation through an electronic device or computer system that is designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data.
(3)  "Phantom-ware" means a hidden programming option that is embedded in the operating system of an electronic cash register or hardwired into an electronic cash register and that may be used to create a second set of transaction reports or to eliminate or manipulate an original transaction report, which may or may not be preserved in a digital format, to represent the original or manipulated report of a transaction in the electronic cash register.
(4)  "Transaction data" includes data identifying an item purchased by a customer, a price for an item, a taxability determination for an item, a segregated tax amount for an item, an amount of cash or credit tendered for an item, a net amount of cash returned to a customer who purchased an item, a date or time of a purchase, a receipt or invoice number for a transaction, and a vendor's name, address, or identification number.
(5)  "Transaction report" means a report that:
(A)  contains documentation of each sale, amount of tax or fee collected, media total, or discount void at an electronic cash register and that is printed on a cash register tape at the end of a day or a shift; or
(B)  documents every action at an electronic cash register and is stored electronically.
Added by Acts 2013, 83rd Leg., R.S., Ch. 427 (S.B. 529), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 326 - Automated Sales Suppression Devices; Phantom-Ware › Section 326.002. Automated Sales Suppression Devices and Phantom-Ware Prohibited; Criminal Offense

Sec. 326.002.  AUTOMATED SALES SUPPRESSION DEVICES AND PHANTOM-WARE PROHIBITED; CRIMINAL OFFENSE.  (a)  A person commits an offense if the person knowingly sells, purchases, installs, transfers, uses, or possesses an automated sales suppression device or phantom-ware.
(b)  An offense under this section is a state jail felony.
Added by Acts 2013, 83rd Leg., R.S., Ch. 427 (S.B. 529), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 327 - Internet Website Domain Names for Ticket Sellers › Section 327.001. Definitions

Sec. 327.001.  DEFINITIONS.  In this chapter:
(1)  "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service that is:
(A)  assigned through a centralized Internet naming authority; and
(B)  composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy.
(2)  "Performer" means an individual, team, group, or other person that entertains an audience.
(3)  "Ticket website" means an Internet website or mobile application advertising or offering the sale of tickets, or offering tickets for resale, to an event in this state.
(4)  "URL" means the uniform resource locator address for an Internet website that may include the website's Internet domain name or a subdomain of the Internet domain name.
(5)  "Venue" means an arena, stadium, theater, concert hall, or other place used for events such as exhibitions, sporting events, concerts, or other live entertainment events.
(6)  "Website operator" means a person who owns, operates, manages, licenses, or controls a ticket website for an event scheduled at a venue in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 1348 (S.B. 2409), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 327 - Internet Website Domain Names for Ticket Sellers › Section 327.002. Ticket Website Domain Name Restricted

Sec. 327.002.  TICKET WEBSITE DOMAIN NAME RESTRICTED.  (a)  Except as provided by Subsection (b), a website operator may not intentionally use an Internet domain name, or any subdomain of the Internet domain name, in a ticket website's URL that contains any of the following:
(1)  the name of:
(A)  a performer;
(B)  an organization or association that is associated with a performer, such as a professional sports league;
(C)  a venue in this state; or
(D)  an exhibition, performance, or other event to be held at a venue in this state;
(2)  a trademark not owned by the website operator, including a trademark owned by an authorized agent or partner of the venue or event; or
(3)  any name substantially similar to a name described by Subdivision (1), including a misspelling of the name.
(b)  Subsection (a) does not apply to a website operator who is authorized by a performer, organization, venue, or event's organizer to use the name or trademark on the performer's, organization's, venue's, or event's behalf for the purpose of selling or reselling tickets.
Added by Acts 2019, 86th Leg., R.S., Ch. 1348 (S.B. 2409), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 327 - Internet Website Domain Names for Ticket Sellers › Section 327.003. Deceptive Trade Practice

Sec. 327.003.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, and is actionable under that subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1348 (S.B. 2409), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 328 - Online Sale of Event Tickets › Section 328.001. Definitions

Sec. 328.001.  DEFINITIONS.  In this chapter:
(1)  "Bot" means any automated software program that performs automatic and repetitive tasks and is designed to impersonate or replicate human activity online.  The term does not include autofill or password management features built into an Internet browser or provided through separate software.
(2)  "Event" means a concert, theatrical performance, sporting event, exhibition, show, or similar scheduled activity that:
(A)  is open to the public;
(B)  is held in a public or private venue; and
(C)  requires payment of an admission fee to attend the activity.
(3)  "Ticket" means a physical or electronic certificate, voucher, document, token, or other evidence of a right for admission to enter a place of entertainment for one or more events at one or more specified dates and times.
Added by Acts 2023, 88th Leg., R.S., Ch. 96 (S.B. 1639), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 328 - Online Sale of Event Tickets › Section 328.002. Prohibition on Use or Creation of Bots to Engage in Certain Online Ticket Activity

Sec. 328.002.  PROHIBITION ON USE OR CREATION OF BOTS TO ENGAGE IN CERTAIN ONLINE TICKET ACTIVITY.  A person may not use or create a bot to:
(1)  purchase tickets in excess of posted limits for an online ticket sale;
(2)  use multiple Internet Protocol (IP) addresses, multiple purchaser accounts, or multiple e-mail addresses to purchase tickets in excess of posted limits for an online ticket sale;
(3)  circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online ticket sale; or
(4)  circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry to an event.
Added by Acts 2023, 88th Leg., R.S., Ch. 96 (S.B. 1639), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 328 - Online Sale of Event Tickets › Section 328.003. Enforcement by Attorney General; Injunction; Civil Penalty

Sec. 328.003.  ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION; CIVIL PENALTY. (a)  The attorney general may investigate a claim that a person violated this chapter.
(b)  If the attorney general concludes that a person is violating this chapter, the attorney general may bring an action in the name of the state to restrain or enjoin the person from violating this chapter.
(c)  In addition to bringing an action for injunctive relief under this chapter, the attorney general may seek restitution and petition a district court for the assessment of a civil penalty as provided by this section.
(d)  A person who knowingly violates Section 328.002 is liable for a civil penalty of not more than $10,000 for each violation.
(e)  Every ticket transaction in which a ticket is acquired to be sold in violation of Section 328.002 constitutes a separate violation for purposes of assessing a civil penalty.
(f)  The civil penalty for a violation of a court order or injunction issued to enforce this section may not exceed $100,000.
(g)  The attorney general may recover all reasonable costs of bringing an action under this section, including court costs, reasonable attorney's fees, and investigation costs.
Added by Acts 2023, 88th Leg., R.S., Ch. 96 (S.B. 1639), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 328 - Online Sale of Goods › Section 328.001. Definition

Sec. 328.001.  DEFINITION.  In this chapter, "goods" has the meaning assigned by Section 17.45.
Added by Acts 2023, 88th Leg., R.S., Ch. 169 (S.B. 58), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 328 - Online Sale of Goods › Section 328.002. Prohibitions Concerning Sale of Goods Online

Sec. 328.002.  PROHIBITIONS CONCERNING SALE OF GOODS ONLINE.  (a)  For commercial purposes, a person may not sell, use, or cause to be used any technology, device, or software in the sale of goods on an Internet website that:
(1)  functions as a bypass in the purchasing process;
(2)  disguises the identity of the purchaser;
(3)  permits the purchase of a quantity of goods in a number that exceeds the maximum number of goods that may be sold to one purchaser as specified by the seller or operator on the website;
(4)  allows for the unauthorized access to or identification of gift card information, including gift card numbers and gift card personal identification numbers; or
(5)  circumvents a security measure, access control system, or other control, authorization, or measure in the purchasing process.
(b)  This section does not apply to the seller of goods on the Internet website or to the operator of the Internet website.
Added by Acts 2023, 88th Leg., R.S., Ch. 169 (S.B. 58), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 10 - Use of Telecommunications › Subtitle B - Electronic Communications › Chapter 328 - Online Sale of Goods › Section 328.003. Enforcement by Attorney General; Injunction

Sec. 328.003.  ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTION.  (a)  The attorney general may investigate a claim that a person violated this chapter.
(b)  If the attorney general believes that a person is violating this chapter, the attorney general may bring an action in the name of the state to restrain or enjoin the person from violating this chapter.
(c)  The attorney general is entitled to recover all reasonable costs of bringing an action under this section, including court costs, reasonable attorney's fees, and investigation costs.
Added by Acts 2023, 88th Leg., R.S., Ch. 169 (S.B. 58), Sec. 1, eff. September 1, 2023.