Sec. 321.107. REQUIRED NOTICE OF CIVIL ACTION TO ATTORNEY GENERAL; CIVIL PENALTY. (a) A person who brings an action under Section 321.104 shall notify the attorney general of the action by mailing a copy of the petition by registered or certified mail not later than the 30th day after the date the petition is filed and at least 10 days before the date set for a hearing on the action.
(b) A person who violates Subsection (a) is liable to this state for a civil penalty in an amount not to exceed $200 for each violation. The attorney general may bring an action to recover the civil penalty in the court in which the action under Section 321.104 was brought.
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