(a) A person is subject to suit by the federal or state government in a court of competent jurisdiction for appropriate injunctive relief if the person engages in conduct that:
(1) constitutes an offense under § 16.05, Penal Code, but is not for a tortious or illegal purpose or for the purpose of direct or indirect commercial advantage or private commercial gain; and
(2) involves a radio communication that is:
(A) transmitted on frequencies allocated under Subpart D of Part 74 of the rules of the Federal Communications Commission; and
(B) not scrambled or encrypted.
(b) The attorney general or the county or district attorney of the county in which the conduct described by Subsection (a) is occurring may file suit under that subsection on behalf of the state.

Terms Used In Texas Code of Criminal Procedure 18A.503

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(c) A defendant is liable for a civil penalty of $500 if it is shown at the trial of the civil suit brought under Subsection (a) that the defendant has been:
(1) convicted of an offense under § 16.05, Penal Code; or
(2) found liable in a civil action brought under Article 18A.502.
(d) Each violation of an injunction ordered under Subsection (a) is punishable by a fine of $500.

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