CHAPTER 123. INTERCEPTION OF COMMUNICATION
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.