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.