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


Office of House Bill AnalysisC.S.H.B. 1823
By: Howard
Civil Practices
3/27/2001
Committee Report (Substituted)



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.  C.S.H.B. 1823
increases the amount of statutory and actual 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

C.S.H.B. 1823 amends the Civil Practice and Remedies Code to increase the
amount of damages a person is entitled to if the person establishes a cause
of action for the interception of a communication from $1,000 to $10,000 in
statutory damages for each occurrence and from $1,000 to $10,000 for all
actual damages. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1823 differs from the original bill by adding the increase in all
actual damages.  The substitute modifies the amount of statutory damages
from an amount equal to or greater than $5,000 and less than or equal to
$10,000 for each occurrence to $10,000 for each occurrence.