Sec. 321.102. VIOLATION OF CHAPTER: GENERAL CIVIL PENALTY AND INJUNCTIVE RELIEF. (a) A person who violates this chapter is liable to this state for a civil penalty in an amount not to exceed the lesser of:
(1) $10 for each unlawful message or unlawful action; or
(2) $25,000 for each day an unlawful message is received or each day an unlawful action is taken.
(b) The attorney general or a prosecuting attorney in the county in which the violation occurs may:
(1) bring an action to recover the civil penalty; and
(2) obtain an injunction to prevent or restrain a violation of this chapter.
(c) The attorney general or prosecuting attorney may recover reasonable expenses incurred in recovering the civil penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
(d) Subsection (a) does not apply to a violation of Section 321.107(a).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 10 - Use of Telecommunications
Subtitle B - Electronic Communications
Chapter 321 - Regulation of Electronic Mail
Section 321.102. Violation of Chapter: General Civil Penalty and Injunctive Relief
Section 321.103. Violation of Chapter: Deceptive Trade Practice
Section 321.104. Violation of Chapter: Civil Action for Damages
Section 321.105. Alternative Recovery for Persons Other Than Electronic Mail Service Providers
Section 321.106. Alternative Recovery for Electronic Mail Service Providers
Section 321.107. Required Notice of Civil Action to Attorney General; Civil Penalty
Section 321.108. Intervention in Civil Action by Attorney General
Section 321.109. Certification as Class Action Prohibited
Section 321.110. Protection of Secrecy or Security
Section 321.113. Qualified Immunity From Liability of Senders
Section 321.114. Authority to Block Certain Commercial Electronic Mail Messages; Qualified Immunity