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
- Official text
- Tex. Civ. Prac. & Rem. Code ch. 123 (Texas Legislature, Texas Constitution and Statutes)
- Tex. Civ. Prac. & Rem. Code ch. 123, statute text file served by the Texas Legislative Council
Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.
Research reference, not legal advice.