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Amend CSSB 1009 (Senate committee printing) as follows:
(1) In SECTION 3 of the bill, in added Section 48.057,
Business & Commerce Code (page 1, between lines 58 and 59), insert
the following:
(d) A person may not provide substantial assistance or
support to another person knowing that the other person is engaged
in an act or practice that violates this section.
(e) The following persons may bring a civil action against a
person who violates this section:
(1) a person in business as an Internet service
provider that is adversely affected by the violation;
(2) a business organization that has incurred a loss
or disruption of its business activities as a result of the
violation; or
(3) the attorney general.
(f) A person bringing an action under this section may:
(1) seek injunctive relief to restrain the violator
from continuing the violation;
(2) recover damages in an amount equal to the greater
of:
(A) actual damages arising from the violation;
(B) $500,000 for each violation consisting of the
same course of conduct or action, regardless of the number of times
the conduct or act occurred; or
(C) $100,000 for each zombie used to commit the
violation; or
(3) both seek injunctive relief and recover damages as
provided by this subsection.
(g) The court may increase an award of damages, statutory or
otherwise, in an action brought under this section to an amount not
to exceed three times the applicable damages if the court finds that
the violations have occurred with a frequency as to constitute a
pattern or practice.
(h) A plaintiff who prevails in an action filed under this
section is entitled to recover court costs and reasonable
attorney's fees, reasonable fees of experts, and other reasonable
costs of litigation.
(i) The remedies authorized by this section are not
exclusive but are in addition to any other procedure or remedy
provided for by other statutory or common law.
(2) Add the following appropriately numbered SECTION to the
bill and renumber subsequent SECTIONS accordingly:
SECTION ___. Section 48.101(a), Business & Commerce Code,
as added by Chapter 298, Acts of the 79th Legislature, Regular
Session, 2005, is amended to read as follows:
(a) The following persons, if adversely affected by the
violation, may bring a civil action against a person who violates
this chapter other than Section 48.057:
(1) a provider of computer software;
(2) an owner of a web page or trademark;
(3) a telecommunications carrier;
(4) a cable operator; or
(5) an Internet service provider.