1-1 By: Howard (Senate Sponsor - Armbrister) H.B. No. 1823
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to damages in an action for interception of
1-9 communications.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 123.004, Civil Practice and Remedies Code,
1-12 is amended to read as follows:
1-13 Sec. 123.004. DAMAGES. A person who establishes a cause of
1-14 action under this chapter is entitled to:
1-15 (1) an injunction prohibiting a further interception,
1-16 attempted interception, or divulgence or use of information
1-17 obtained by an interception;
1-18 (2) statutory damages of $10,000 for each occurrence
1-19 [$1,000];
1-20 (3) all actual damages in excess of $10,000 [$1,000];
1-21 (4) punitive damages in an amount determined by the
1-22 court or jury; and
1-23 (5) reasonable attorney's fees and costs.
1-24 SECTION 2. (a) This Act takes effect September 1, 2001.
1-25 (b) This Act applies only to an action commenced:
1-26 (1) on or after the effective date of this Act; or
1-27 (2) before the effective date of this Act if final
1-28 judgment in the action has not been entered before the effective
1-29 date of this Act.
1-30 (c) An action commenced before the effective date of this
1-31 Act in which final judgment has been entered before the effective
1-32 date of this Act is governed by the law applicable to the action
1-33 immediately before the effective date of this Act, and that law is
1-34 continued in effect for that purpose.
1-35 * * * * *