TEXASDATA LAW

Guide outline Draft outline

TDPSA Duties and Data Protection Assessments

The Texas Data Privacy and Security Act in one reference: who is covered, what controllers and processors owe, and how it is enforced.

LG02 · Hub: Texas Privacy Statutes · Intended reader: General counsel, privacy leads, and business operators

Scope

The general-purpose TDPSA reference for the data site, covering applicability, consumer rights, controller duties, processor duties, assessments, exemptions, and enforcement. Texas relevance: the Texas Data Privacy and Security Act is the baseline statute for every Texas organization that handles personal data, and the guide is the single authority hub all narrower guides cite for TDPSA doctrine.

Section outline

  1. Deck: "The Texas Data Privacy and Security Act in one reference: who is covered, what controllers and processors owe, and how it is enforced."
  2. Short answer: scope, core duties, assessments, enforcement, no private cause of action.
  3. Section: Applicability and Exemptions.
  4. Section: Consumer Rights Under the TDPSA.
  5. Section: Controller Duties Under Texas Privacy Law.
  6. Section: Processor Duties and the HB 149 Amendments (including section 541.104(a)(2)).
  7. Section: Data Protection Assessments in Texas.
  8. Section: Universal Opt-Out Mechanisms and Key Dates.
  9. Section: Cure Provisions and Enforcement Mechanisms.
  10. Section: Civil Penalties and the Absence of a Private Cause of Action.
  11. Section: Rulemaking Power: What the Text Establishes and What Remains Unresolved.
  12. Section: Assessments, Audits, and Reports Compared (CE11: TDPSA assessments, California rules, DOJ distinctions).
  13. What Is Unsettled: enforcement posture and any rulemaking question not resolved by enacted text.
  14. Sources.
  15. Related reading: LG01 (applicability), LG03 (rights requests and opt-out signals), LG04 (notices and consent), /definitions/what-is-tdpsa/ (CR04), /resources/compliance-deadlines/ (CR03), AI site narrower applications via link-out (see crossover).

Assigned content modules

  • G02: The Texas Data Privacy and Security Act Explained
  • G04: Controller Duties Under Texas Privacy Law
  • G06: Data Protection Assessments in Texas

Required research sections

  • TDPSA data protection assessments (what it covers; also CE11 required coverage: TDPSA assessments, California assessment rules as comparison, DOJ audit versus report distinctions)
  • Controller duties under Texas privacy law (what it covers; includes processor amendments from HB 149, including section 541.104(a)(2))
  • Processor duties and amendments (what it covers)
  • Universal opt-out dates and implementation (what it covers)
  • Cure and enforcement mechanisms (what it covers)
  • Civil penalties and the absence of a TDPSA private cause of action (what it covers)
  • Rulemaking power and unresolved enforcement questions distinguished from enacted text (what it covers)

Research anchors and owner works

Anchors: L01. Owner works: A01 (dependency; content to be supplied by owner, not invented)

Owner works: A01 (dependency; content to be supplied by owner, not invented).

Sister-site crossover

both. Link-out to the AI site's narrower TDPSA/AI applications. Verified candidate: https://texasailaw.com/guides/traiga-explained/ and https://texasailaw.com/guides/texas-ai-laws-beyond-traiga/ (use only the ones whose treatment fits the AI-specific scope at drafting time). The data site owns the general reference; the AI site retains AI-specific duties.

Industry: All industries
Track: Compliance

Related reading

  • applicability