Privacy Law Library

Civil Action for Interception of Communication

Texas Civil Wiretap Remedy

Communications

Gives a party to a communication a civil claim against anyone who intercepts it without any party's consent or who uses or divulges intercepted information. Consent of one party takes the acquisition outside the definition of interception.

Where
Texas
Citation
Tex. Civ. Prac. & Rem. Code ch. 123 (123.001-123.004)
Status
In force
In force since
1985-09-01
Last amended
2019-01-01
Enforced by
Private civil action by a party to the communication
People can sue
Yes
Penalties
Injunction, $10,000 statutory damages per occurrence, actual damages above $10,000, punitive damages, and attorney's fees (123.004).
Applies to
  • Any person who intercepts a communication without the consent of a party, or uses or divulges intercepted information; landlords, building operators, and carriers who aid or knowingly permit interception (123.002)

Practices it requires

  • Do not acquire the contents of a communication with an interception device without the consent of a party to the communication.Tex. Civ. Prac. & Rem. Code 123.001(2), 123.002(a)(1)
  • Do not use or divulge information known or reasonably known to come from an interception.Tex. Civ. Prac. & Rem. Code 123.002(a)(2)
  • Landlords, building operators, and communication carriers may not aid or knowingly permit interception.Tex. Civ. Prac. & Rem. Code 123.002(a)(3)

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Research reference, not legal advice.