Tex. Bus. & Com. Code § 321.052 · Subchapter B. PROHIBITED AND REQUIRED CONDUCT
REQUIREMENT FOR TRANSMISSION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person may not intentionally take an action to transmit an unsolicited commercial electronic mail message unless:
(1) "ADV:" appears first in the subject line of the message or, if the message contains obscene material or material depicting sexual conduct, "ADV: ADULT ADVERTISEMENT" appears first in the subject line; and
(2) the sender or a person acting on behalf of the sender provides a functioning return electronic mail address to which a recipient of the message may, at no cost to the recipient, send a reply requesting the removal of the recipient's electronic mail address from the sender's electronic mail list.
(b) A sender shall remove a person's electronic mail address from the sender's electronic mail list not later than the third day after the date the sender receives a request for removal of that address under Subsection (a)(2).
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.321.htm
- Text hash
- sha256 f5ade011fe7a350fd7af487b1dabec916e53c6f3822a0e64b1008404572c8963
- 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
Cited by 3 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 321.052. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 321.053SELLING OR PROVIDING CERTAIN ELECTRONIC MAIL ADDRESSES PROHIBITED.Printed as Section 321.052(a)(2)
- Tex. Bus. & Com. Code § 321.101TRANSMISSION OF MESSAGE CONTAINING OBSCENE MATERIAL OR MATERIAL DEPICTING SEXUAL CONDUCT; CRIMINAL PENALTY.Printed as Section 321.052(a)(1)
- Tex. Bus. & Com. Code § 321.112IMMUNITY FROM LIABILITY: TELECOMMUNICATIONS UTILITIES AND ELECTRONIC MAIL SERVICE PROVIDERS.Printed as Section 321.051 or 321.052
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.