Texas Civil Practice and Remedies Code 123.003 – Defense
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(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 § 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.