Texas Business and Commerce Code - BUS & COM § 321.001. Definitions

(1) “Commercial electronic mail message” means an electronic mail message that advertises, offers for sale or lease, or promotes any goods, services, business opportunity, property, or other article, commodity, or thing of value.

(2) “Electronic mail” means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen the message, file, or information.

(3) “Electronic mail service provider” means a person who:

(4) “Established business relationship” means a relationship that:

(5) “Obscene” has the meaning assigned by Section 43.21, Penal Code.

(6) “Sender” means a person who initiates an electronic mail message.

(7) “Sexual conduct” has the meaning assigned by Section 43.25, Penal Code.

(8) “Unsolicited commercial electronic mail message” means a commercial electronic mail message transmitted without the consent of the recipient by a person with whom the recipient does not have an established business relationship.  The term does not include electronic mail transmitted by an organization using electronic mail to communicate exclusively with members, employees, or contractors of the organization.