(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.

Terms Used In Texas Civil Practice and Remedies Code 123.003

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: means real and personal property. See Texas Government Code 311.005

(c) A defendant must establish by a preponderance of the evidence a defense raised under this section.