Texas. Breach notification. Act

TX breach lawTexas data breach notification law (Tex. Bus. & Com. Code §§ 521.002, 521.053, 521.151)

In force

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Texas residents to notify affected individuals after a security breach. Core timing rule: Individuals within 60 days of determination. Covered data: name plus SSN, driver's/government ID, financial account with codes; health and healthcare payment information.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

Applies to residents of other states too (or their state's law); AG publishes reported breaches; AG notice must be by online form.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Texas requires the maintaining entity to notify the owner immediately after discovery. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals within 60 days of determination; AG via online form within 30 days if >=250 residents; CRAs if >10,000
DPO
No
Cross-border transfers
None
Maximum penalty
$2,000-$50,000 per violation; up to $100 per individual per day for late notice, capped at $250,000 per breach

§3Dates

Key dates
  • Adopted
  • In force
  • SB 768 (2023, eff. 2023-09-01) shortened AG notice to 30 days; HB 3746 (2021) online posting of breaches

§4Text and authority

Text
Authority
Texas Attorney General

§5Where it applies

Domestic law of
Texas

§6Sources and verification

Sources consulted
Verification

High confidence.

2025 session changes not verified (search budget exhausted).