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                                  * * * * *