By Hamric H.B. No. 1773
76R4580 WP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to unsolicited electronic mail; providing civil penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 4, Business & Commerce Code, is amended by
1-5 adding Chapter 42 to read as follows:
1-6 CHAPTER 42. ELECTRONIC MAIL SOLICITATION
1-7 Sec. 42.001. DEFINITIONS. In this chapter:
1-8 (1) "Commercial electronic mail message" means an
1-9 electronic mail message sent for the purpose of promoting real
1-10 property, goods, or services for sale or lease.
1-11 (2) "Electronic mail service provider" means a
1-12 business or organization qualified to do business in this state
1-13 that provides users the ability to send or receive electronic mail.
1-14 Sec. 42.002. UNSOLICITED ELECTRONIC MAIL MESSAGES
1-15 PROHIBITED. (a) A person may not:
1-16 (1) use or cause to be used an electronic mail service
1-17 provider's service or equipment in violation of that electronic
1-18 mail service provider's published policy prohibiting or restricting
1-19 the use of its service or equipment for the initiation of
1-20 unsolicited commercial electronic mail messages; or
1-21 (2) initiate an unsolicited commercial electronic mail
1-22 message unless:
1-23 (A) the term "advertisement" is used as the
1-24 first word on the subject line; and
2-1 (B) the name, the address, and a toll-free
2-2 telephone number or valid electronic mail address of the initiator
2-3 appears in the body of the message, enabling the recipient to
2-4 contact and request removal from the initiator's electronic mail
2-5 list.
2-6 (b) A person may not send a commercial electronic mail
2-7 message to a recipient who has requested removal from that person's
2-8 electronic mail list.
2-9 (c) An unsolicited electronic mail message is any electronic
2-10 mail that is addressed to a recipient with whom the initiator does
2-11 not have an existing business or personal relationship and that is
2-12 not sent at the request of or with the consent of the recipient.
2-13 (d) This section applies to electronic mail messages
2-14 initiated by action of the original sender and not by action of any
2-15 intervening electronic mail service provider that may handle or
2-16 retransmit the message.
2-17 Sec. 42.003. LIABILITY. (a) A person who violates Section
2-18 42.002 is liable to the recipient and the electronic mail service
2-19 provider for damages resulting from the transmission.
2-20 (b) A recipient who is unable to establish actual damages in
2-21 an amount greater than $150 is entitled to receive as damages $150
2-22 for each unlawful message.
2-23 (c) An electronic mail service provider unable to establish
2-24 actual damages in an amount greater than $150 is entitled to
2-25 receive as damages $150 for each unlawful message.
2-26 (d) The party bringing the suit also is entitled to recover
2-27 all reasonable costs of prosecuting the case, including court costs
3-1 and costs of investigation, depositions, witness fees, and
3-2 attorney's fees.
3-3 Sec. 42.004. DECEPTIVE TRADE PRACTICE. A violation of this
3-4 chapter is a false, misleading, or deceptive act or practice under
3-5 Subchapter E, Chapter 17, and any public or private right or remedy
3-6 prescribed by that subchapter may be used to enforce this chapter.
3-7 SECTION 2. This Act takes effect September 1, 1999, and
3-8 applies only to an unsolicited commercial electronic mail message
3-9 initiated on or after that date.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.