HBA-DMH H.B. 1823 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1823
By: Howard
Civil Practices
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person may be awarded minimal statutory damages if a
communication, including speech that is transmitted in whole or part with
the aid of wire or cable, is illegally intercepted.  Because of
increasingly complex computer technologies and regular occurrences of
identity theft, privacy rights are a legitimate concern.  House Bill 1823
increases the amount of statutory damages that may be awarded in a cause of
action for interception of a private communication. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1823 amends the Civil Practice and Remedies Code to increase the
amount of statutory damages a person is entitled to if the person
establishes a cause of action for the interception of a communication from
$1,000 to an amount equal to or greater than $5,000 and less than or equal
to $10,000 for each occurrence. 

EFFECTIVE DATE

September 1, 2001.