Texas Business and Commerce Code 321.112 – Immunity From Liability: Telecommunications Utilities and Electronic Mail Service Providers
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(a) In this section, “telecommunications utility” has the meaning assigned by § 51.002, Utilities Code.
(b) A telecommunications utility or an electronic mail service provider may not be held liable under § 321.051 or 321.052 and is not subject to a penalty provided by this chapter.
Terms Used In Texas Business and Commerce Code 321.112
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A person injured by a violation of this chapter does not have a cause of action against a telecommunications utility or an electronic mail service provider under this chapter solely because the utility or service provider:
(1) is an intermediary between the sender, or a person acting on behalf of the sender, and the recipient in the transmission of electronic mail that violates this chapter;
(2) provides transmission, routing, relaying, handling, or storing, through an automatic technical process, of an unsolicited commercial electronic mail message through the utility’s or service provider’s computer network or facilities; or
(3) provides telecommunications services, information services, or other services used in the transmission of an electronic mail message that violates this chapter.