Tex. Bus. & Com. Code Section 521.051
Unauthorized Use or Possession of Personal Identifying Information

(a)

A person may not obtain, possess, transfer, or use personal identifying information of another person without the other person’s consent or effective consent and with intent to obtain a good, a service, insurance, an extension of credit, or any other thing of value in the other person’s name.

(a-1)

For purposes of this section, “effective consent” includes consent given by a person legally authorized to act on behalf of the person from whom consent is required. Consent is not effective if:

(1)

induced by force, threat, fraud, or coercion; or

(2)

given by a person who by reason of youth, mental illness, or intellectual disability is known by the actor to be unable to make reasonable decisions.

(b)

It is a defense to an action brought under this section that an act by a person:

(1)

is covered by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.); and

(2)

is in compliance with that Act and regulations adopted under that Act.

(c)

This section does not apply to:

(1)

a financial institution as defined by 15 U.S.C. Section 6809; or

(2)

a covered entity as defined by Section 601.001 (Definitions) or 602.001 (Definitions), Insurance Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 143 (H.B. 3529), Sec. 1, eff. September 1, 2021.

Source: Section 521.051 — Unauthorized Use or Possession of Personal Identifying Information, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­521.­htm#521.­051 (accessed Apr. 13, 2024).

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Accessed:
Apr. 13, 2024

§ 521.051’s source at texas​.gov