reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter A. General Provisions › Section 541.004. Inapplicability of Chapter

Text of section effective on July 01, 2024
Sec. 541.004.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to the processing of personal data by a person in the course of a purely personal or household activity.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter A. General Provisions › Section 541.005. Effect of Compliance With Parental Consent Requirements Under Certain Federal Law

Text of section effective on July 01, 2024
Sec. 541.005.  EFFECT OF COMPLIANCE WITH PARENTAL CONSENT REQUIREMENTS UNDER CERTAIN FEDERAL LAW.  A controller or processor that complies with the verifiable parental consent requirements of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. Section 6501 et seq.) with respect to data collected online is considered to be in compliance with any requirement to obtain parental consent under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter B. Consumer's Rights › Section 541.051. Consumer's Personal Data Rights; Request to Exercise Rights

Text of section effective on July 01, 2024
Sec. 541.051.  CONSUMER'S PERSONAL DATA RIGHTS; REQUEST TO EXERCISE RIGHTS.  (a)  A consumer is entitled to exercise the consumer rights authorized by this section at any time by submitting a request to a controller specifying the consumer rights the consumer wishes to exercise.  With respect to the processing of personal data belonging to a known child, a parent or legal guardian of the child may exercise the consumer rights on behalf of the child.
(b)  A controller shall comply with an authenticated consumer request to exercise the right to:
(1)  confirm whether a controller is processing the consumer's personal data and to access the personal data;
(2)  correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data;
(3)  delete personal data provided by or obtained about the consumer;
(4)  if the data is available in a digital format, obtain a copy of the consumer's personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance; or
(5)  opt out of the processing of the personal data for purposes of:
(A)  targeted advertising;
(B)  the sale of personal data; or
(C)  profiling in furtherance of a decision that produces a legal or similarly significant effect concerning the consumer.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter B. Consumer's Rights › Section 541.052. Controller Response to Consumer Request

Text of section effective on July 01, 2024
Sec. 541.052.  CONTROLLER RESPONSE TO CONSUMER REQUEST.  (a)  Except as otherwise provided by this chapter, a controller shall comply with a request submitted by a consumer to exercise the consumer's rights pursuant to Section 541.051 as provided by this section.
(b)  A controller shall respond to the consumer request without undue delay, which may not be later than the 45th day after the date of receipt of the request.  The controller may extend the response period once by an additional 45 days when reasonably necessary, taking into account the complexity and number of the consumer's requests, so long as the controller informs the consumer of the extension within the initial 45-day response period, together with the reason for the extension.
(c)  If a controller declines to take action regarding the consumer's request, the controller shall inform the consumer without undue delay, which may not be later than the 45th day after the date of receipt of the request, of the justification for declining to take action and provide instructions on how to appeal the decision in accordance with Section 541.053.
(d)  A controller shall provide information in response to a consumer request free of charge, at least twice annually per consumer.  If a request from a consumer is manifestly unfounded, excessive, or repetitive, the controller may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or may decline to act on the request.  The controller bears the burden of demonstrating for purposes of this subsection that a request is manifestly unfounded, excessive, or repetitive.
(e)  If a controller is unable to authenticate the request using commercially reasonable efforts, the controller is not required to comply with a consumer request submitted under Section 541.051 and may request that the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer's request.
(f)  A controller that has obtained personal data about a consumer from a source other than the consumer is considered in compliance with a consumer's request to delete that personal data pursuant to Section 541.051(b)(3) by:
(1)  retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer's personal data remains deleted from the business's records and not using the retained data for any other purpose under this chapter; or
(2)  opting the consumer out of the processing of that personal data for any purpose other than a purpose that is exempt under the provisions of this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter B. Consumer's Rights › Section 541.053. Appeal

Text of section effective on July 01, 2024
Sec. 541.053.  APPEAL.  (a)  A controller shall establish a process for a consumer to appeal the controller's refusal to take action on a request within a reasonable period of time after the consumer's receipt of the decision under Section 541.052(c).
(b)  The appeal process must be conspicuously available and similar to the process for initiating action to exercise consumer rights by submitting a request under Section 541.051.
(c)  A controller shall inform the consumer in writing of any action taken or not taken in response to an appeal under this section not later than the 60th day after the date of receipt of the appeal, including a written explanation of the reason or reasons for the decision.
(d)  If the controller denies an appeal, the controller shall provide the consumer with the online mechanism described by Section 541.152 through which the consumer may contact the attorney general to submit a complaint.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter B. Consumer's Rights › Section 541.054. Waiver or Limitation of Consumer Rights Prohibited

Text of section effective on July 01, 2024
Sec. 541.054.  WAIVER OR LIMITATION OF CONSUMER RIGHTS PROHIBITED.  Any provision of a contract or agreement that waives or limits in any way a consumer right described by Sections 541.051, 541.052, and 541.053 is contrary to public policy and is void and unenforceable.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter C. Controller and Processor Data-Related Duties and Prohibitions › Section 541.101. Controller Duties; Transparency

Text of section effective on July 01, 2024
Sec. 541.101.  CONTROLLER DUTIES; TRANSPARENCY.  (a)  A controller:
(1)  shall limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which that personal data is processed, as disclosed to the consumer; and
(2)  for purposes of protecting the confidentiality, integrity, and accessibility of personal data, shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices that are appropriate to the volume and nature of the personal data at issue.
(b)  A controller may not:
(1)  except as otherwise provided by this chapter, process personal data for a purpose that is neither reasonably necessary to nor compatible with the disclosed purpose for which the personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent;
(2)  process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers;
(3)  discriminate against a consumer for exercising any of the consumer rights contained in this chapter, including by denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services to the consumer; or
(4)  process the sensitive data of a consumer without obtaining the consumer's consent, or, in the case of processing the sensitive data of a known child, without processing that data in accordance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. Section 6501 et seq.).
(c)  Subsection (b)(3) may not be construed to require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain or to prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised the consumer's right to opt out under Section 541.051 or the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter C. Controller and Processor Data-Related Duties and Prohibitions › Section 541.102. Privacy Notice

Text of section effective on July 01, 2024
Sec. 541.102.  PRIVACY NOTICE.  (a)  A controller shall provide consumers with a reasonably accessible and clear privacy notice that includes:
(1)  the categories of personal data processed by the controller, including, if applicable, any sensitive data processed by the controller;
(2)  the purpose for processing personal data;
(3)  how consumers may exercise their consumer rights under Subchapter B, including the process by which a consumer may appeal a controller's decision with regard to the consumer's request;
(4)  if applicable, the categories of personal data that the controller shares with third parties;
(5)  if applicable, the categories of third parties with whom the controller shares personal data; and
(6)  a description of the methods required under Section 541.055 through which consumers can submit requests to exercise their consumer rights under this chapter.
(b)  If a controller engages in the sale of personal data that is sensitive data, the controller shall include the following notice:
"NOTICE: We may sell your sensitive personal data."  The notice must be posted in the same location and in the same manner as the privacy notice described by Subsection (a).
(c)  If a controller engages in the sale of personal data that is biometric data, the controller shall include the following notice:
"NOTICE: We may sell your biometric personal data."  The notice must be posted in the same location and in the same manner as the privacy notice described by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter C. Controller and Processor Data-Related Duties and Prohibitions › Section 541.103. Sale of Data to Third Parties and Processing Data for Targeted Advertising; Disclosure

Text of section effective on July 01, 2024
Sec. 541.103.  SALE OF DATA TO THIRD PARTIES AND PROCESSING DATA FOR TARGETED ADVERTISING; DISCLOSURE.  If a controller sells personal data to third parties or processes personal data for targeted advertising, the controller shall clearly and conspicuously disclose that process and the manner in which a consumer may exercise the right to opt out of that process.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter C. Controller and Processor Data-Related Duties and Prohibitions › Section 541.105. Data Protection Assessments

Text of section effective on July 01, 2024
Sec. 541.105.  DATA PROTECTION ASSESSMENTS.  (a)  A controller shall conduct and document a data protection assessment of each of the following processing activities involving personal data:
(1)  the processing of personal data for purposes of targeted advertising;
(2)  the sale of personal data;
(3)  the processing of personal data for purposes of profiling, if the profiling presents a reasonably foreseeable risk of:
(A)  unfair or deceptive treatment of or unlawful disparate impact on consumers;
(B)  financial, physical, or reputational injury to consumers;
(C)  a physical or other intrusion on the solitude or seclusion, or the private affairs or concerns, of consumers, if the intrusion would be offensive to a reasonable person; or
(D)  other substantial injury to consumers;
(4)  the processing of sensitive data; and
(5)  any processing activities involving personal data that present a heightened risk of harm to consumers.
(b)  A data protection assessment conducted under Subsection (a) must:
(1)  identify and weigh the direct or indirect benefits that may flow from the processing to the controller, the consumer, other stakeholders, and the public, against the potential risks to the rights of the consumer associated with that processing, as mitigated by safeguards that can be employed by the controller to reduce the risks; and
(2)  factor into the assessment:
(A)  the use of deidentified data;
(B)  the reasonable expectations of consumers;
(C)  the context of the processing; and
(D)  the relationship between the controller and the consumer whose personal data will be processed.
(c)  A controller shall make a data protection assessment requested under Section 541.153(b) available to the attorney general pursuant to a civil investigative demand under Section 541.153.
(d)  A data protection assessment is confidential and exempt from public inspection and copying under Chapter 552, Government Code. Disclosure of a data protection assessment in compliance with a request from the attorney general does not constitute a waiver of attorney-client privilege or work product protection with respect to the assessment and any information contained in the assessment.
(e)  A single data protection assessment may address a comparable set of processing operations that include similar activities.
(f)  A data protection assessment conducted by a controller for the purpose of compliance with other laws or regulations may constitute compliance with the requirements of this section if the assessment has a reasonably comparable scope and effect.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter C. Controller and Processor Data-Related Duties and Prohibitions › Section 541.106. Deidentified or Pseudonymous Data

Text of section effective on July 01, 2024
Sec. 541.106.  DEIDENTIFIED OR PSEUDONYMOUS DATA.  (a)  A controller in possession of deidentified data shall:
(1)  take reasonable measures to ensure that the data cannot be associated with an individual;
(2)  publicly commit to maintaining and using deidentified data without attempting to reidentify the data; and
(3)  contractually obligate any recipient of the deidentified data to comply with the provisions of this chapter.
(b)  This chapter may not be construed to require a controller or processor to:
(1)  reidentify deidentified data or pseudonymous data;
(2)  maintain data in identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data; or
(3)  comply with an authenticated consumer rights request under Section 541.051, if the controller:
(A)  is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;
(B)  does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and
(C)  does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted by this section.
(c)  The consumer rights under Sections 541.051(b)(1)-(4) and controller duties under Section 541.101 do not apply to pseudonymous data in cases in which the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information.
(d)  A controller that discloses pseudonymous data or deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data is subject and shall take appropriate steps to address any breach of the contractual commitments.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter C. Controller and Processor Data-Related Duties and Prohibitions › Section 541.107. Requirements for Small Businesses

Text of section effective on July 01, 2024
Sec. 541.107.  REQUIREMENTS FOR SMALL BUSINESSES.  (a)  A person described by Section 541.002(a)(3) may not engage in the sale of personal data that is sensitive data without receiving prior consent from the consumer.
(b)  A person who violates this section is subject to the penalty under Section 541.155.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter D. Enforcement › Section 541.151. Enforcement Authority Exclusive

Text of section effective on July 01, 2024
Sec. 541.151.  ENFORCEMENT AUTHORITY EXCLUSIVE.  The attorney general has exclusive authority to enforce this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter D. Enforcement › Section 541.152. Internet Website and Complaint Mechanism

Text of section effective on July 01, 2024
Sec. 541.152.  INTERNET WEBSITE AND COMPLAINT MECHANISM.  The attorney general shall post on the attorney general's Internet website:
(1)  information relating to:
(A)  the responsibilities of a controller under Subchapters B and C;
(B)  the responsibilities of a processor under Subchapter C; and
(C)  a consumer's rights under Subchapter B; and
(2)  an online mechanism through which a consumer may submit a complaint under this chapter to the attorney general.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter D. Enforcement › Section 541.153. Investigative Authority

Text of section effective on July 01, 2024
Sec. 541.153.  INVESTIGATIVE AUTHORITY.  (a)  If the attorney general has reasonable cause to believe that a person has engaged in or is engaging in a violation of this chapter, the attorney general may issue a civil investigative demand.  The procedures established for the issuance of a civil investigative demand under Section 15.10 apply to the same extent and manner to the issuance of a civil investigative demand under this section.
(b)  The attorney general may request, pursuant to a civil investigative demand issued under Subsection (a), that a controller disclose any data protection assessment that is relevant to an investigation conducted by the attorney general.  The attorney general may evaluate the data protection assessment for compliance with the requirements set forth in Sections 541.101, 541.102, and 541.103.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter D. Enforcement › Section 541.154. Notice of Violation of Chapter; Opportunity to Cure

Text of section effective on July 01, 2024
Sec. 541.154.  NOTICE OF VIOLATION OF CHAPTER; OPPORTUNITY TO CURE.  Before bringing an action under Section 541.155, the attorney general shall notify a person in writing, not later than the 30th day before bringing the action, identifying the specific provisions of this chapter the attorney general alleges have been or are being violated.  The attorney general may not bring an action against the person if:
(1)  within the 30-day period, the person cures the identified violation; and
(2)  the person provides the attorney general a written statement that the person:
(A)  cured the alleged violation;
(B)  notified the consumer that the consumer's privacy violation was addressed, if the consumer's contact information has been made available to the person;
(C)  provided supportive documentation to show how the privacy violation was cured; and
(D)  made changes to internal policies, if necessary, to ensure that no such further violations will occur.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter D. Enforcement › Section 541.155. Civil Penalty; Injunction

Text of section effective on July 01, 2024
Sec. 541.155.  CIVIL PENALTY; INJUNCTION.  (a)  A person who violates this chapter following the cure period described by Section 541.154 or who breaches a written statement provided to the attorney general under that section is liable for a civil penalty in an amount not to exceed $7,500 for each violation.
(b)  The attorney general may bring an action in the name of this state to:
(1)  recover a civil penalty under this section;
(2)  restrain or enjoin the person from violating this chapter; or
(3)  recover the civil penalty and seek injunctive relief.
(c)  The attorney general may recover reasonable attorney's fees and other reasonable expenses incurred in investigating and bringing an action under this section.
(d)  The attorney general shall deposit a civil penalty collected under this section in accordance with Section 402.007, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter D. Enforcement › Section 541.156. No Private Right of Action

Text of section effective on July 01, 2024
Sec. 541.156.  NO PRIVATE RIGHT OF ACTION.  This chapter may not be construed as providing a basis for, or being subject to, a private right of action for a violation of this chapter or any other law.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter E. Construction of Chapter; Exemptions for Certain Uses of Consumer Personal Data › Section 541.201. Construction of Chapter

Text of section effective on July 01, 2024
Sec. 541.201.  CONSTRUCTION OF CHAPTER.  (a)  This chapter may not be construed to restrict a controller's or processor's ability to:
(1)  comply with federal, state, or local laws, rules, or regulations;
(2)  comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, local, or other governmental authorities;
(3)  investigate, establish, exercise, prepare for, or defend legal claims;
(4)  provide a product or service specifically requested by a consumer or the parent or guardian of a child, perform a contract to which the consumer is a party, including fulfilling the terms of a written warranty, or take steps at the request of the consumer before entering into a contract;
(5)  take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual and in which the processing cannot be manifestly based on another legal basis;
(6)  prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity;
(7)  preserve the integrity or security of systems or investigate, report, or prosecute those responsible for breaches of system security;
(8)  engage in public or peer-reviewed scientific or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board or similar independent oversight entity that determines:
(A)  if the deletion of the information is likely to provide substantial benefits that do not exclusively accrue to the controller;
(B)  whether the expected benefits of the research outweigh the privacy risks; and
(C)  if the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with reidentification; or
(9)  assist another controller, processor, or third party with any of the requirements under this subsection.
(b)  This chapter may not be construed to prevent a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under the laws of this state as part of a privileged communication.
(c)  This chapter may not be construed as imposing a requirement on controllers and processors that adversely affects the rights or freedoms of any person, including the right of free speech.
(d)  This chapter may not be construed as requiring a controller, processor, third party, or consumer to disclose a trade secret.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter E. Construction of Chapter; Exemptions for Certain Uses of Consumer Personal Data › Section 541.202. Collection, Use, or Retention of Data for Certain Purposes

Text of section effective on July 01, 2024
Sec. 541.202.  COLLECTION, USE, OR RETENTION OF DATA FOR CERTAIN PURPOSES.  (a)  The requirements imposed on controllers and processors under this chapter may not restrict a controller's or processor's ability to collect, use, or retain data to:
(1)  conduct internal research to develop, improve, or repair products, services, or technology;
(2)  effect a product recall;
(3)  identify and repair technical errors that impair existing or intended functionality; or
(4)  perform internal operations that:
(A)  are reasonably aligned with the expectations of the consumer;
(B)  are reasonably anticipated based on the consumer's existing relationship with the controller; or
(C)  are otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party.
(b)  A requirement imposed on a controller or processor under this chapter does not apply if compliance with the requirement by the controller or processor, as applicable, would violate an evidentiary privilege under the laws of this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter E. Construction of Chapter; Exemptions for Certain Uses of Consumer Personal Data › Section 541.203. Disclosure of Personal Data to Third-Party Controller or Processor

Text of section effective on July 01, 2024
Sec. 541.203.  DISCLOSURE OF PERSONAL DATA TO THIRD-PARTY CONTROLLER OR PROCESSOR.  (a)  A controller or processor that discloses personal data to a third-party controller or processor, in compliance with the requirements of this chapter, does not violate this chapter if the third-party controller or processor that receives and processes that personal data is in violation of this chapter, provided that, at the time of the data's disclosure, the disclosing controller or processor did not have actual knowledge that the recipient intended to commit a violation.
(b)  A third-party controller or processor receiving personal data from a controller or processor in compliance with the requirements of this chapter does not violate this chapter for the transgressions of the controller or processor from which the third-party controller or processor receives the personal data.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter E. Construction of Chapter; Exemptions for Certain Uses of Consumer Personal Data › Section 541.204. Processing of Certain Personal Data by Controller or Other Person

Text of section effective on July 01, 2024
Sec. 541.204.  PROCESSING OF CERTAIN PERSONAL DATA BY CONTROLLER OR OTHER PERSON.  (a)  Personal data processed by a controller under this subchapter may not be processed for any purpose other than a purpose listed in this subchapter unless otherwise allowed by this chapter. Personal data processed by a controller under this subchapter may be processed to the extent that the processing of the data is:
(1)  reasonably necessary and proportionate to the purposes listed in this subchapter; and
(2)  adequate, relevant, and limited to what is necessary in relation to the specific purposes listed in this subchapter.
(b)  Personal data collected, used, or retained under Section 541.202(a) must, where applicable, take into account the nature and purpose of such collection, use, or retention.  The personal data described by this subsection is subject to reasonable administrative, technical, and physical measures to protect the confidentiality, integrity, and accessibility of the personal data and to reduce reasonably foreseeable risks of harm to consumers relating to the collection, use, or retention of personal data.
(c)  A controller that processes personal data under an exemption in this subchapter bears the burden of demonstrating that the processing of the personal data qualifies for the exemption and complies with the requirements of Subsections (a) and (b).
(d)  The processing of personal data by an entity for the purposes described by Section 541.201 does not solely make the entity a controller with respect to the processing of the data.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 11 - Personal Identity Information › Subtitle C - Consumer Data Protection › Chapter 541 - Consumer Data Protection › Subchapter E. Construction of Chapter; Exemptions for Certain Uses of Consumer Personal Data › Section 541.205. Local Preemption

Text of section effective on July 01, 2024
Sec. 541.205.  LOCAL PREEMPTION.  This chapter supersedes and preempts any ordinance, resolution, rule, or other regulation adopted by a political subdivision regarding the processing of personal data by a controller or processor.
Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter A. General Provisions › Section 601.001. Definitions

Sec. 601.001.  DEFINITIONS.  In this chapter:
(1)  "Consumer" means an individual who seeks or acquires real property, money or other personal property, services, or credit for personal, family, or household purposes.
(2)  "Consumer transaction" means a transaction between a merchant and one or more consumers.
(3)  "Merchant" means a party to a consumer transaction other than a consumer.
(4)  "Merchant's place of business" means a merchant's main or permanent branch office or local address.  For a state or national bank or savings and loan association, the term includes an approved branch office and a registered loan production office.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter A. General Provisions › Section 601.002. Applicability of Chapter; Exception

Sec. 601.002.  APPLICABILITY OF CHAPTER; EXCEPTION.  (a)  This chapter applies only to a consumer transaction in which:
(1)  the merchant or the merchant's agent engages in a personal solicitation of a sale to the consumer at a place other than the merchant's place of business;
(2)  the consumer's agreement or offer to purchase is given to the merchant or the merchant's agent at a place other than the merchant's place of business; and
(3)  the agreement or offer is for:
(A)  the purchase of goods or services for consideration that exceeds $25, payable in installments or in cash;  or
(B)  the purchase of real property for consideration that exceeds $100, payable in installments or in cash.
(b)  Notwithstanding Subsection (a), this chapter does not apply to:
(1)  a purchase of farm equipment;
(2)  an insurance sale regulated by the Texas Department of Insurance;
(3)  a sale of goods or services made:
(A)  under a preexisting revolving charge account or retail charge agreement; or
(B)  after negotiations between the parties at a business establishment in a fixed location where goods or services are offered or exhibited for sale; or
(4)  a sale of real property if:
(A)  the purchaser is represented by a licensed attorney;
(B)  the transaction is negotiated by a licensed real estate broker; or
(C)  the transaction is negotiated at a place other than the consumer's residence by the person who owns the property.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter B. Consumer's Right to Cancel Transaction › Section 601.051. Consumer's Right to Cancel

Sec. 601.051.  CONSUMER'S RIGHT TO CANCEL.  In addition to any other rights or remedies available, a consumer may cancel a consumer transaction not later than midnight of the third business day after the date the consumer signs an agreement or offer to purchase.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter B. Consumer's Right to Cancel Transaction › Section 601.052. Notice of Consumer's Right to Cancel Required

Sec. 601.052.  NOTICE OF CONSUMER'S RIGHT TO CANCEL REQUIRED.  (a)  A merchant must provide a consumer with a complete receipt or copy of a contract pertaining to the consumer transaction at the time of its execution.
(b)  The document provided under Subsection (a) must:
(1)  be in the same language as that principally used in the oral sales presentation;
(2)  contain the date of the transaction;
(3)  contain the name and address of the merchant; and
(4)  contain a statement:
(A)  in immediate proximity to the space reserved in the contract for the signature of the consumer or on the front page of the receipt if a contract is not used; and
(B)  in boldfaced type of a minimum size of 10 points in substantially the following form:
"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter B. Consumer's Right to Cancel Transaction › Section 601.053. Completed Cancellation Form Required

Sec. 601.053.  COMPLETED CANCELLATION FORM REQUIRED.  (a)  A merchant that provides a document under Section 601.052 must attach to the document a completed notice of cancellation form in duplicate.  The form must:
(1)  be easily detachable;
(2)  be in the same language as the document provided under Section 601.052; and
(3)  contain the following information and statements in 10-point boldfaced type:
"NOTICE OF CANCELLATION
(enter date of transaction)
"YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
"IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE MERCHANT OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
"IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE MERCHANT AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE;  OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE MERCHANT REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE MERCHANT'S EXPENSE AND RISK.
"IF YOU DO NOT AGREE TO RETURN THE GOODS TO THE MERCHANT OR IF THE MERCHANT DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION.
"TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (name of merchant), AT (address of merchant's place of business) NOT LATER THAN MIDNIGHT OF (date).
I HEREBY CANCEL THIS TRANSACTION.
(date)
(buyer's signature)"
(b)  A merchant may not fail to include on both copies of the form described by Subsection (a):
(1)  the name of the merchant;
(2)  the address of the merchant's place of business;
(3)  the date of the transaction; and
(4)  a date not earlier than the third business day after the date of the transaction by which the consumer must give notice of cancellation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter B. Consumer's Right to Cancel Transaction › Section 601.054. Use of Forms and Notices Prescribed by the Federal Trade Commission Authorized

Sec. 601.054.  USE OF FORMS AND NOTICES PRESCRIBED BY THE FEDERAL TRADE COMMISSION AUTHORIZED.  The use of the forms and notices of the right to cancel prescribed by the Federal Trade Commission's trade-regulation rule providing a cooling-off period for door-to-door sales constitutes compliance with Sections 601.052 and 601.053.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter B. Consumer's Right to Cancel Transaction › Section 601.055. Alternative Notice Authorized for Certain Consumer Transactions

Sec. 601.055.  ALTERNATIVE NOTICE AUTHORIZED FOR CERTAIN CONSUMER TRANSACTIONS.  A consumer transaction in which the contract price does not exceed $200 complies with the notice requirements of Sections 601.052 and 601.053 if:
(1)  the consumer may at any time cancel the order, refuse to accept delivery of the goods without incurring any obligation to pay for the goods, or return the goods to the merchant and receive a full refund of the amount the consumer has paid; and
(2)  the consumer's right to cancel the order, refuse delivery, or return the goods without obligation or charge at any time is clearly and conspicuously stated on the face or reverse side of the sales ticket.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter C. Rights and Duties of Consumer and Merchant › Section 601.101. Merchant's Compensation

Sec. 601.101.  MERCHANT'S COMPENSATION.  A merchant is not entitled to compensation for services performed under a consumer transaction canceled under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter C. Rights and Duties of Consumer and Merchant › Section 601.102. Consumer's Retention of Goods or Title to Real Property Authorized

Sec. 601.102.  CONSUMER'S RETENTION OF GOODS OR TITLE TO REAL PROPERTY AUTHORIZED.  Until a merchant has complied with this chapter, a consumer with possession of goods or the right or title to real property delivered by the merchant:
(1)  may retain possession of the goods or the right or title to the real property; and
(2)  has a lien on the goods or real property to the extent of any recovery to which the consumer is entitled.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter C. Rights and Duties of Consumer and Merchant › Section 601.103. Consumer's Duties With Respect to Delivered Goods or Real Property

Sec. 601.103.  CONSUMER'S DUTIES WITH RESPECT TO DELIVERED GOODS OR REAL PROPERTY.  (a)  Within a reasonable time after a cancellation under this chapter, the consumer must, on demand, tender to the merchant any goods or any right or title to real property delivered by the merchant under the consumer transaction.
(b)  The consumer is not obligated to tender goods at a place other than the consumer's residence.
(c)  If the merchant fails to demand possession of the goods or the right or title to real property within a reasonable time after cancellation, the goods or real property become the property of the consumer without obligation to pay.
(d)  Goods or real property in possession of the consumer are at the risk of the merchant, except that the consumer shall take reasonable care of the goods or the real property both before and for a reasonable time after cancellation.
(e)  For purposes of this section, 20 days is presumed to be a reasonable time.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter D. Prohibited Acts and Conduct by Merchant › Section 601.151. Confession of Judgment or Waiver of Rights

Sec. 601.151.  CONFESSION OF JUDGMENT OR WAIVER OF RIGHTS.  A merchant may not include in a contract or receipt pertaining to a consumer transaction a confession of judgment or a waiver of any of the rights to which the consumer is entitled under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter D. Prohibited Acts and Conduct by Merchant › Section 601.152. Failure to Inform or Misrepresentation of Right to Cancel

Sec. 601.152.  FAILURE TO INFORM OR MISREPRESENTATION OF RIGHT TO CANCEL.  A merchant may not:
(1)  at the time the consumer signs the contract pertaining to a consumer transaction or purchases the goods, services, or real property, fail to inform the consumer orally of the right to cancel the transaction; or
(2)  misrepresent in any manner the consumer's right to cancel.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 12 - Rights and Duties of Consumers and Merchants › Chapter 601 - Cancellation of Certain Consumer Transactions › Subchapter D. Prohibited Acts and Conduct by Merchant › Section 601.153. Transfer of Indebtedness During Certain Period

Sec. 601.153.  TRANSFER OF INDEBTEDNESS DURING CERTAIN PERIOD.  A merchant may not negotiate, transfer, sell, or assign a note or other evidence of indebtedness to a finance company or other third party before midnight of the fifth business day after the date the contract pertaining to a consumer transaction was signed or the goods or services were purchased.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.