Sec. 321.113. QUALIFIED IMMUNITY FROM LIABILITY OF SENDERS. A sender may not be held liable for the transmission of an electronic mail message that violates this chapter if the sender:
(1) contracts in good faith with an electronic mail service provider to transmit electronic mail messages for the sender; and
(2) has no reason to believe the electronic mail service provider will transmit any of the sender's electronic mail messages in violation of this chapter.
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