Tex. Civ. Prac. & Rem. Code § 123.003 · Chapter 123. INTERCEPTION OF COMMUNICATION
DEFENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A switchboard operator or an officer, employee, or agent of a communication common carrier whose facilities are used in the transmission of a wire communication may intercept, disclose, or use a communication in the normal course of employment if engaged in an activity that is necessary to service or for the protection of the carrier's rights or property. A communication common carrier may not use service observation or random monitoring except for mechanical or service quality control checks.
(b) It is a defense to an action under Section 123.002 that an interception, disclosure, or use of a communication is permitted by this section.
(c) A defendant must establish by a preponderance of the evidence a defense raised under this section.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.123.htm
- Text hash
- sha256 38d4256a9fbdaf15a5a0ff429436716bf31acfdc4949a30790e2e6a530131766
- 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
This section cites
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Civil Practice and Remedies Code
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.