77R10144 DAK-D                           
         By Howard                                             H.B. No. 1823
         Substitute the following for H.B. No. 1823:
         By Clark                                          C.S.H.B. No. 1823
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to damages in an action for interception of
 1-3     communications.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 123.004, Civil Practice and Remedies Code,
 1-6     is amended to read as follows:
 1-7           Sec. 123.004.  DAMAGES. A person who establishes a cause of
 1-8     action under this chapter is entitled to:
 1-9                 (1)  an injunction prohibiting a further interception,
1-10     attempted interception, or divulgence or use of information
1-11     obtained by an interception;
1-12                 (2)  statutory damages of $10,000 for each occurrence
1-13     [$1,000];
1-14                 (3)  all actual damages in excess of $10,000 [$1,000];
1-15                 (4)  punitive damages in an amount determined by the
1-16     court or jury; and
1-17                 (5)  reasonable attorney's fees and costs.
1-18           SECTION 2. (a)  This Act takes effect September 1, 2001.
1-19           (b)  This Act applies only to an action commenced:
1-20                 (1)  on or after the effective date of this Act; or
1-21                 (2)  before the effective date of this Act if final
1-22     judgment in the action has not been entered before the effective
1-23     date of this Act.
1-24           (c)  An action commenced before the effective date of this
 2-1     Act in which final judgment has been entered before the effective
 2-2     date of this Act is governed by the law applicable to the action
 2-3     immediately before the effective date of this Act, and that law is
 2-4     continued in effect for that purpose.