Tex. Bus. & Com. Code § 305.053 · Subchapter B. ENFORCEMENT
CIVIL ACTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person who receives a communication that violates 47 U.S.C. Section 227, a regulation adopted under that provision, or Subchapter A may bring an action in this state against the person who originates the communication for:
(1) an injunction;
(2) damages in the amount provided by this section; or
(3) both an injunction and damages.
(b) A plaintiff who prevails in an action for damages under this section is entitled to the greater of:
(1) $500 for each violation; or
(2) the plaintiff's actual damages.
(c) If the court finds that the defendant committed the violation knowingly or intentionally, the court may increase the amount of the award of damages under Subsection (b) to not more than the greater of:
(1) $1,500 for each violation; or
(2) three times the plaintiff's actual damages.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.305.htm
- Text hash
- sha256 4b5d3efde78fe294e6972c120e1cc89f6afc480c8eac54d04652432e6fd7153c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.