Topic

Texas Privacy Statutes

This hub explains the Texas statutes that create the everyday privacy duties of a Texas organization, with the Texas Data Privacy and Security Act as the center of gravity. It maps who the Act reaches and who it leaves alone: the threshold structure with no general revenue floor, entity and data exemptions, the residual sensitive-data duties that still reach smaller businesses, and the boundaries around employees and business-to-business contexts. It then covers the duties themselves: consumer rights and the request workflow, controller responsibilities, data protection assessments, processor obligations under the HB 149 amendments, universal opt-out signals and their staged dates, consent rules for sensitive data and sales, privacy notices and dark-pattern prohibitions, loyalty programs and automatic renewals, and the enforcement architecture of Attorney General authority, cure provisions, and civil penalties, with no private cause of action under the Act. Alongside the Act, the hub covers the Texas data broker law in Business and Commerce Code chapter 510: registration, security duties, prohibited uses, and the 2025 amendments. Throughout, the hub distinguishes enacted duties from voluntary frameworks, contracts, and agency guidance, and treats federal, other-state, and international rules only where their nexus reaches a Texas organization.

Key questions

  • Does the Texas privacy law apply to a business without a revenue threshold
  • Which rights does the TDPSA give consumers
  • When is sensitive-data consent required for a sale
  • What does the data broker law require a Texas company to register and disclose
  • Which privacy notices must a business publish, and how must it handle opt-out signals

Controlling authorities

Business and Commerce Code chapter 541 (TDPSA), including §§ 541.101 to 541.107 as cited in the house style; Business and Commerce Code chapter 510 (data brokers); HB 149 (TDPSA amendments, including § 541.104(a)(2)); HB 4 (88th Legislature, 2023) at first use.

Guides in this hub

Planned insights

  • I02 The Texas Data Broker Code Number Has Changed (redesignation, amendments, and the risk of linking a citation to the wrong chapter)
  • I16 What a Governance Audit Must Be Able to Reconstruct (historical source, permissions, rule version, recipients, and evidence of the decision, applied to TDPSA program evidence).

Tracker records

  • K01 Texas TDPSA and operative amendments
  • K02 Texas universal opt-out provisions and their delayed effective date
  • K03 Texas TDPSA assessment and processor provisions
  • K07 Texas data-broker registration and registry
  • K08 Texas broker restrictions and 2025 amendments
  • K09 Texas broker information-security duties and remedies
  • K17 Texas TDPSA changes made by HB 149
  • RK001 Texas Data Privacy and Security Act (TDPSA)
  • RK002 Texas Data Broker Law.

Companion links