Tex. Bus. & Com. Code § 321.105 · Subchapter C. ENFORCEMENT
ALTERNATIVE RECOVERY FOR PERSONS OTHER THAN ELECTRONIC MAIL SERVICE PROVIDERS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In lieu of actual damages, a person injured by a violation of this chapter arising from the transmission of an unsolicited or commercial electronic mail message or by a violation of Section 321.054 may recover an amount equal to the lesser of:
(1) $10 for each unlawful message or each message unlawfully impeded, as applicable; or
(2) $25,000 for each day the unlawful message is received or the message is unlawfully impeded, as applicable.
(b) Subsection (a) does not apply to a person who is an electronic mail service provider.
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.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 6, eff. December 2, 2021.
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 e60ccd42019d1f3a787962ba7b0aca6543b821f50664ceced6f95047361edf5c
- 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
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