Section 321.112 - Immunity From Liability: Telecommunications Utilities and Electronic Mail Service Providers(a) In this section, "telecommunications utility" has the meaning assigned by Section 51.002, Utilities Code.(b) A telecommunications utility or an electronic mail service provider may not be held liable under Section 321.051 or 321.052 and is not subject to a penalty provided by this chapter.(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.Tex. Bus. and Comm. Code § 321.112
Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. 4/1/2009.