Bill Text: TX SB83 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to certain interference with electronic mail messages.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-08-30 - Left pending in committee [SB83 Detail]
Download: Texas-2021-SB83-Introduced.html
| By: Hughes | S.B. No. 83 | |
|
|
||
|
|
||
| relating to certain interference with electronic mail messages. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Chapter 321, Business & Commerce | ||
| Code, is amended to read as follows: | ||
| CHAPTER 321. REGULATION OF [ |
||
| SECTION 2. Subchapter B, Chapter 321, Business & Commerce | ||
| Code, is amended by adding Section 321.054 to read as follows: | ||
| 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 content unless: | ||
| (1) the provider is authorized to block the | ||
| transmission under Section 321.114; or | ||
| (2) the message contains a computer virus, as defined | ||
| by Section 33.01, Penal Code, obscene material, material depicting | ||
| sexual conduct, or material that violates other law. | ||
| SECTION 3. Section 321.105(a), Business & Commerce Code, is | ||
| amended to read as follows: | ||
| (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. | ||
| SECTION 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
