§ 98B.005.Cause of Action Cumulative

One sentence: the cause of action is cumulative of any other remedy provided by common law or statute.

Unqualified, unlike the compelled prostitution chapter's version, so this claim stacks with anything else that applies.

The parallel remedies are substantial here. Invasion of privacy by public disclosure of private facts covers the same conduct at common law. Intentional infliction of emotional distress reaches extreme and outrageous conduct. Copyright may apply where the depicted person took the image themselves. And the online impersonation and stalking chapters frequently reach the same course of conduct.

The criminal offence in Penal Code Section 21.16 runs alongside, and this chapter borrows its definitions.

The practical reason to plead this chapter is its remedies. Mandatory fees, per-violation injunction damages, an expansive personal jurisdiction provision, a ten-year limitations period, and confidential identity protection are not available from the common law claims.

A claimant will generally plead this chapter first and the others alongside, since nothing prevents it and the additional theories may survive if an element here fails — the intent to harm requirement in particular.