The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.
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.