Texas. Biometric. Act

CUBICapture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001)

In force

Partly verified

Medium confidence. Settlement amounts and penalty from established knowledge.

§1Summary

Synopsis

Prohibits capturing biometric identifiers for commercial purposes without informed consent, bars sale except in narrow cases, and requires destruction within a year after the purpose ends.

Key themes

biometric identifiers
consent
sale restrictions
destruction deadline

Unique features

AG-only enforcement but with very high per-violation penalties that have yielded billion-dollar settlements.

SaaS relevance

Facial recognition, voiceprint and identity SaaS used on Texans need consent flows and deletion schedules.

§2Obligations

Extraterritorial: Limited
Breach notification: None
DPO: No
Cross-border transfers: None
Maximum penalty: Up to $25,000 per violation

§3Dates

Key dates

Adopted 2009
In force 1 September 2009
TRAIGA (HB 149) added AI-related exemptions effective 2026-01-01; AG settlements with Meta (2024) and Google (2025).

§4Text and authority

Text

Authoritative text statutes.capitol.texas.gov

Authority

Texas Attorney General

§5Where it applies

Domestic law of: Texas

§6Sources and verification

Verification

Medium confidence.

Partly verified

Medium confidence. Settlement amounts and penalty from established knowledge.