Amend HB 1282 by striking page 6, line 23, through page 7, 
line 8, and substituting the following:
	Sec. 46.011.  IMMUNITY FROM LIABILITY.  (a)  In this section, 
"telecommunications utility" has the meaning assigned by Section 
51.002, Utilities Code.
	(b)  A telecommunications utility or an electronic mail 
service provider may not be held liable under Section 46.002 or 
46.003 and is not subject to the penalties provided under this 
chapter.
	(c)  A person injured by a violation of this chapter does not 
have a cause of action against a telecommunications utility or an 
electronic mail service provider under this chapter solely because 
the utility or provider:
		(1)  is an intermediary between the sender, or any 
person acting on behalf of the sender, and the recipient in the 
transmission of electronic mail that violates this chapter;
		(2)  provides transmission, routing, relaying, 
handling, or storing, through an automatic technical process, of an 
unsolicited commercial electronic mail message through the 
utility's or provider's computer network or facilities; or
		(3)  provides telecommunications services, information 
services, or other services used in the transmission of an 
electronic mail message that violates this chapter.
	(d)  An electronic mail service provider may not be held 
liable for an action taken in good faith under Section 46.010.