CHAPTER 123. INTERCEPTION OF COMMUNICATION - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 123. INTERCEPTION OF COMMUNICATION

Sec. 123.001. DEFINITIONS. In this chapter:

(1) "Communication" means speech uttered by a person or

information including speech that is transmitted in whole or in

part with the aid of a wire or cable.

(2) "Interception" means the aural acquisition of the contents

of a communication through the use of an electronic, mechanical,

or other device that is made without the consent of a party to

the communication, but does not include the ordinary use of:

(A) a telephone or telegraph instrument or facility or telephone

and telegraph equipment;

(B) a hearing aid designed to correct subnormal hearing to not

better than normal;

(C) a radio, television, or other wireless receiver; or

(D) a cable system that relays a public wireless broadcast from

a common antenna to a receiver.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 123.002. CAUSE OF ACTION. (a) A party to a communication

may sue a person who:

(1) intercepts, attempts to intercept, or employs or obtains

another to intercept or attempt to intercept the communication;

(2) uses or divulges information that he knows or reasonably

should know was obtained by interception of the communication; or

(3) as a landlord, building operator, or communication common

carrier, either personally or through an agent or employee, aids

or knowingly permits interception or attempted interception of

the communication.

(b) This section does not apply to a party to a communication if

an interception or attempted interception of the communication is

authorized by Title 18, United States Code, Section 2516.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 123.003. DEFENSE. (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.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 123.004. DAMAGES. A person who establishes a cause of

action under this chapter is entitled to:

(1) an injunction prohibiting a further interception, attempted

interception, or divulgence or use of information obtained by an

interception;

(2) statutory damages of $10,000 for each occurrence;

(3) all actual damages in excess of $10,000;

(4) punitive damages in an amount determined by the court or

jury; and

(5) reasonable attorney's fees and costs.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 1049, Sec. 1, eff. Sept. 1,

2001.