By Shapleigh S.B. No. 1217 77R374 JMG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to unsolicited commercial electronic mail. 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 43 to read as follows: 1-6 CHAPTER 43. COMMERCIAL ELECTRONIC MAIL MESSAGES 1-7 Sec. 43.001. DEFINITIONS. In this chapter: 1-8 (1) "Commercial electronic mail message" means an 1-9 electronic mail message sent to promote property or services for 1-10 sale or lease. The term does not include an electronic mail 1-11 message to which an interactive computer service provider has 1-12 attached an advertisement in exchange for use of an electronic mail 1-13 account if the account holder has agreed to such an arrangement. 1-14 (2) "Electronic mail address" means a destination, 1-15 commonly expressed as a string of characters, to which electronic 1-16 mail may be sent or delivered. 1-17 (3) "Interactive computer service" has the meaning 1-18 assigned by Section 35.101. 1-19 (4) "Internet domain name" refers to a globally 1-20 unique, hierarchical reference to an Internet host or service, 1-21 assigned through a centralized Internet naming authority, composed 1-22 of a series of character strings separated by periods with the 1-23 right-most string specifying the top of the hierarchy. 1-24 Sec. 43.002. CERTAIN ELECTRONIC MAIL MESSAGES PROHIBITED. 2-1 (a) A person may not take any action to send to an electronic mail 2-2 address that the sender knows, or has reason to know, is held by a 2-3 resident of this state a commercial electronic mail message that: 2-4 (1) uses another person's Internet domain name without 2-5 that person's permission or otherwise misrepresents any information 2-6 in identifying the point of origin or the transmission path of the 2-7 message; or 2-8 (2) contains false or misleading information in the 2-9 subject line. 2-10 (b) For purposes of this section, a person knows that the 2-11 intended recipient of a commercial electronic mail message is a 2-12 resident of this state if that information is available, on 2-13 request, from the registrant of the Internet domain name contained 2-14 in the recipient's electronic mail address. 2-15 (c) Subsection (a) does not apply to an action by an 2-16 intervening interactive computer service that handles or 2-17 retransmits the message, unless the service assists in transmitting 2-18 an electronic mail message when the service knows or is consciously 2-19 indifferent to the fact that the person sending the message is 2-20 engaged or intends to engage in an act or practice that violates 2-21 this section. 2-22 Sec. 43.003. DECEPTIVE TRADE PRACTICES. (a) A violation of 2-23 Section 43.002 is a deceptive trade practice actionable under 2-24 Subchapter E, Chapter 17. 2-25 (b) For purposes of Subchapter E, Chapter 17: 2-26 (1) each occurrence in which a person who is a 2-27 resident of this state receives a commercial electronic mail 3-1 message that violates Section 43.002 is a separate violation; and 3-2 (2) each person who is a resident of this state who 3-3 receives a commercial electronic mail message that violates Section 3-4 43.002 is considered to have suffered economic damages of $500. 3-5 Sec. 43.004. BLOCKING OF COMMERCIAL ELECTRONIC MAIL MESSAGE 3-6 BY INTERACTIVE COMPUTER SERVICE; IMMUNITY FROM LIABILITY. (a) An 3-7 interactive computer service may on its own initiative block the 3-8 receipt or transmission through its service of any commercial 3-9 electronic mail message that the service reasonably believes is or 3-10 will be sent in violation of Section 43.002. 3-11 (b) An interactive computer service may not be held liable 3-12 for an action taken in good faith under Subsection (a). 3-13 SECTION 2. This Act takes effect September 1, 2001. 3-14 SECTION 3. Chapter 43, Business & Commerce Code, as added by 3-15 this Act, applies only to a commercial electronic mail message that 3-16 is sent on or after September 1, 2001.