Texas Government Code 423.006 – Civil Action
(a) An owner or tenant of privately owned real property located in this state may bring against a person who, in violation of § 423.003, captured an image of the property or the owner or tenant while on the property an action to:
(1) enjoin a violation or imminent violation of § 423.003 or 423.004;
(2) recover a civil penalty of:
(A) $5,000 for all images captured in a single episode in violation of § 423.003; or
(B) $10,000 for disclosure, display, distribution, or other use of any images captured in a single episode in violation of § 423.004; or
(3) recover actual damages if the person who captured the image in violation of § 423.003 discloses, displays, or distributes the image with malice.
(b) For purposes of recovering the civil penalty or actual damages under Subsection (a), all owners of a parcel of real property are considered to be a single owner and all tenants of a parcel of real property are considered to be a single tenant.
Terms Used In Texas Government Code 423.006
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Venue: The geographical location in which a case is tried.
(c) In this section, “malice” has the meaning assigned by § 41.001, Civil Practice and Remedies Code.
(d) In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney’s fees to the prevailing party.
(e) Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.
(f) An action brought under this section must be commenced within two years from the date the image was:
(1) captured in violation of § 423.003; or
(2) initially disclosed, displayed, distributed, or otherwise used in violation of § 423.004.