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.