By Howard H.B. No. 1823
77R5372 DAK-F
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 in an amount equal to or greater
1-13 than $5,000 and less than or equal to $10,000 for each occurrence
1-14 [of $1,000];
1-15 (3) all actual damages in excess of $1,000;
1-16 (4) punitive damages in an amount determined by the
1-17 court or jury; and
1-18 (5) reasonable attorney's fees and costs.
1-19 SECTION 2. (a) This Act takes effect September 1, 2001.
1-20 (b) This Act applies only to an action commenced:
1-21 (1) on or after the effective date of this Act; or
1-22 (2) before the effective date of this Act if final
1-23 judgment in the action has not been entered before the effective
1-24 date of this Act.
2-1 (c) An action commenced before the effective date of this
2-2 Act in which final judgment has been entered before the effective
2-3 date of this Act is governed by the law applicable to the action
2-4 immediately before the effective date of this Act, and that law is
2-5 continued in effect for that purpose.