Texas

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Code/Regulations

Effective Date:  July 1, 2024

Details

Threshold

Applies to persons that: 

(1) Conduct business in Texas or produces a product or service consumed by residents of Texas;

(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 (SBA)

Definition of "Personal Data"

Any information, including sensitive data, that is linked or reasonably linkable to an identified or identifiable individual. The term does not include deidentified data or publicly available information. Personal data does not include data from people acting in an employment or commercial context.

Definition of "Sensitive Data"

As with all state general privacy laws, includes the following Personal Data:

  • Race or ethnic origin;
  • Religious beliefs;
  • Citizenship or immigration status;
  • Genetic data;
  • Biometric data; and
  • Mental or physical health diagnosis.

In addition, Texas’s definition also includes:

  • Precise geolocation data;
  • Sexuality data; and
  • Personal data collected from a known child.

Definition of "Sale"

Sharing, disclosing, or transferring of personal data for monetary or other valuable consideration by the controller to a third party

Data-Protection Assessments

Required for targeted advertising, sale, sensitive data, certain profiling

Opt-In Consent Required for Processing Sensitive Data 

Yes

Consumer Rights to Confirm Processing, Request Access, Correction, Deletion & Portability

Yes

Consumer Right to Opt Out of Sale

Yes

Consumer Right to Opt Out of Targeted Ads/Sharing

Yes

Consumer Right to Opt Out of Profiling

Yes

Pseudonymous Data Exempt from Consumer Requests

Yes

Appeal Rights

Yes

Universal Opt-Out Mechanism Required Recognition/Date

Yes (January 1, 2025)

Data of Minors

Process personal data of a known child in accordance with COPPA

GLBA Exemption

Yes (both entity-level and data-level)

HIPAA Exemption

Yes (entity-level)

Applies/Does Not Apply to Personal Information in a Commercial or Employment Context

Does not apply to commercial or employment context; applies in an individual or household context

Nonprofit Exemption

Yes

Private Right of Action

No

Cure Period

30 Days

Cure Period Expiration

None

Enforcement Authority/Damages

Attorney General/up to $7,500 per violation

Disclaimer: States may periodically amend their laws and regulations and such amendments may affect or modify certain legal requirements or compliance obligations. There is no guarantee that this research is up to date as laws and regulations in the state consumer data privacy space continue to evolve. You should consult an attorney to assess the applicability of any existing, new, or proposed state consumer data privacy laws. By accessing this site, you acknowledge your understanding that the underlying content is not a replacement for legal counsel and does not constitute legal advice.