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A BILL TO BE ENTITLED
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AN ACT
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relating to certain interference with electronic mail messages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 321, Business & Commerce |
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Code, is amended to read as follows: |
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CHAPTER 321. REGULATION OF [CERTAIN] ELECTRONIC MAIL |
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SECTION 2. Subchapter B, Chapter 321, Business & Commerce |
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Code, is amended by adding Section 321.054 to read as follows: |
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Sec. 321.054. IMPEDING ELECTRONIC MAIL MESSAGES |
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PROHIBITED. An electronic mail service provider may not |
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intentionally impede the transmission of another person's |
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electronic mail message based on content unless: |
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(1) the provider is authorized to block the |
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transmission under Section 321.114; or |
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(2) the message contains a computer virus, as defined |
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by Section 33.01, Penal Code, obscene material, material depicting |
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sexual conduct, or material that violates other law. |
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SECTION 3. Section 321.105(a), Business & Commerce Code, is |
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amended to read as follows: |
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(a) In lieu of actual damages, a person injured by a |
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violation of this chapter arising from the transmission of an |
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unsolicited or commercial electronic mail message or by a violation |
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of Section 321.054 may recover an amount equal to the lesser of: |
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(1) $10 for each unlawful message or each message |
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unlawfully impeded, as applicable; or |
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(2) $25,000 for each day the unlawful message is |
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received or the message is unlawfully impeded, as applicable. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |