Tex. Bus. & Com. Code ch. 541 (added by HB 4, 88th Legislature, Regular Session, 2023) · Last verified
Texas Data Privacy and Security Act
The Texas Data Privacy and Security Act applies by business-size test rather than a revenue threshold; its scope and $7,500 penalty cap are reproduced here. Signed 18 June 2023 and effective 1 July 2024, it is reproduced here in its own wording, with section numbers and a link to the enrolled text.
- Citation
- Tex. Bus. & Com. Code ch. 541 (added by HB 4, 88th Legislature, Regular Session, 2023)
- Jurisdiction
- US — Texas
- Regulator
- Texas Attorney General (exclusive enforcement authority, § 541.151)
- Last verified
What it is
Signed 18 June 2023 and effective 1 July 2024, it is reproduced here in its own wording, with section numbers and a link to the enrolled text.
Key dates
- Signed by the Governor: —
Texas Legislature Online bill history (HB 4, 88R)
- Effective: —
HB 4 SECTION 7(a)
- § 541.055(e) effective: —
HB 4 SECTION 7(b)
Scope
§ 541.002 — Applicability of chapter
(a) This chapter applies only to a person that: (1) conducts business in this state or produces a product or service consumed by residents of this state; (2) processes or engages in the sale of personal data; and (3) is not a small business as defined by the United States Small Business Administration, except to the extent that Section 541.107 applies to a person described by this subdivision.
(b) This chapter does not apply to: (1) a state agency or a political subdivision of this state; (2) a financial institution or data subject to Title V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.); (3) a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services…
Penalties
§ 541.155(a), with the cure period at § 541.154
A person who violates this chapter following the cure period described by Section 541.154 or who breaches a written statement provided to the attorney general under that section is liable for a civil penalty in an amount not to exceed $7,500 for each violation.
The small-business exemption is not absolute
§ 541.002(a)(3) with § 541.107
is not a small business as defined by the United States Small Business Administration, except to the extent that Section 541.107 applies to a person described by this subdivision
Sources
Last verified:
This page is for information only and is not legal advice. It reproduces the regulation's own wording; always confirm against the primary source linked above and consult qualified counsel for how it applies to your organisation.