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Texas Statutes, Title BC

Texas/Statutes

← All Texas coverage

Title BC, Business and Commerce Code

134 chapters · 1,856 sections in this title.

All chapters in Title BC1,856 Ch 9, Secured Transactions146 Ch 2, Sales103 Ch 17, Deceptive Trade Practices82 Ch 2A, Leases78 Ch 3, Negotiable Instruments70 Ch 8, Investment Securities51 Ch 4, Bank Deposits and Collections42 Ch 57, Agricultural, Construction, Industri…42 Ch 7, Documents of Title41 Ch 4A, Funds Transfers38 Ch 51, Business Opportunities37 Ch 121, Referral Agencies For Senior Living …36 Ch 302, Regulation of Telephone Solicitation36 Ch 20, Regulation of Consumer Credit Report…35

1,856 sections·Filtered byTitle BC✕

Tex. Business and Commerce Code § 506.004 Offense
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Sec. 506.004. OFFENSE. (a) A person who violates Section 506.003 commits an offense. (b) An offense under this section is a Class A misdemeanor. Added by Acts 2015, 84th Leg., R.S., Ch. 953 (S.B. 1213), Sec. 1, eff. September 1, 2015.
Tex. Business and Commerce Code § 506.005 Private Cause of Action
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Sec. 506.005. PRIVATE CAUSE OF ACTION. A person who violates Section 506.003 is liable to the individual who is the subject of the covered information for statutory damages in an amount of not less than $25 or more than $500 for each violation, not to exceed a total amount of $15…
Tex. Business and Commerce Code § 506.006 Civil Penalty
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Sec. 506.006. CIVIL PENALTY. (a) In addition to other penalties and remedies assessed or recovered under this chapter, a person who violates Section 506.003 is liable to this state for a civil penalty in an amount of not less than $25 or more than $500 for each violation, not to …
Tex. Business and Commerce Code § 507.001 Concealed Handgun License As Valid Proof of Identification

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Sec. 507.001. CONCEALED HANDGUN LICENSE AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the holder of a concealed handgun license issued under Subchapter H, Chapter 411, Government Code, access to goods, services, or facilities, except as provided by Section 521.460, …

Tex. Business and Commerce Code § 508.001 Definitions

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Sec. 508.001. DEFINITIONS. In this chapter: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued. (2) "Credit card" means a card or device issued under an agreement by which the iss…

Tex. Business and Commerce Code § 508.002 Requiring Photo Identification For Credit Or Debit Card Transaction

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Sec. 508.002. REQUIRING PHOTO IDENTIFICATION FOR CREDIT OR DEBIT CARD TRANSACTION. (a) A merchant, in a point of sale transaction, may require the individual using the credit card or debit card to provide photo identification verifying the individual's identity as the cardholder.…

Tex. Business and Commerce Code § 509.001 Definitions

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Sec. 509.001. DEFINITIONS. In this chapter: (1) "Digital service" means a website, an application, a program, or software that collects or processes personal identifying information with Internet connectivity. (2) "Digital service provider" means a person who: (A) owns or operate…

Tex. Business and Commerce Code § 509.002 Applicability

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Sec. 509.002. APPLICABILITY. (a) Except to the extent that Section 509.057 applies to any digital service provider, this chapter applies only to a digital service provider who provides a digital service that: (1) connects users in a manner that allows users to socially interact w…

Tex. Business and Commerce Code § 509.051 Digital Service Provider Duty To Register Age of User

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Sec. 509.051. DIGITAL SERVICE PROVIDER DUTY TO REGISTER AGE OF USER. (a) A digital service provider may not enter into an agreement with a person to create an account with a digital service unless the person has registered the person's age with the digital service provider. (b) A…

Tex. Business and Commerce Code § 509.052 Digital Service Provider Duties Relating To Agreement With Minor

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Sec. 509.052. DIGITAL SERVICE PROVIDER DUTIES RELATING TO AGREEMENT WITH MINOR. Unless a verified parent provides otherwise under Section 509.102, a digital service provider that enters into an agreement with a known minor for access to a digital service: (1) shall: (A) limit col…

Tex. Business and Commerce Code § 509.053 Digital Service Provider Duty To Prevent Harm To Known Minors

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Sec. 509.053. DIGITAL SERVICE PROVIDER DUTY TO PREVENT HARM TO KNOWN MINORS. (a) In relation to a known minor's use of a digital service, a digital service provider shall develop and implement a strategy to prevent the known minor's exposure to harmful material and other content …

Tex. Business and Commerce Code § 509.054 Digital Service Provider Duty To Create Parental Tools

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Sec. 509.054. DIGITAL SERVICE PROVIDER DUTY TO CREATE PARENTAL TOOLS. (a) A digital service provider shall create and provide to a verified parent parental tools to allow the verified parent to supervise the verified parent's known minor's use of a digital service. (b) Parental t…

Tex. Business and Commerce Code § 509.055 Digital Service Provider Duties Regarding Advertising and Marketing

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Sec. 509.055. DIGITAL SERVICE PROVIDER DUTIES REGARDING ADVERTISING AND MARKETING. A digital service provider shall make a commercially reasonable effort to prevent advertisers on the digital service provider's digital service from targeting a known minor with advertisements that…

Tex. Business and Commerce Code § 509.056 Use of Algorithms

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Sec. 509.056. USE OF ALGORITHMS. A digital service provider that uses algorithms to automate the suggestion, promotion, or ranking of information to known minors on the digital service shall: (1) make a commercially reasonable effort to ensure that the algorithm does not interfer…

Tex. Business and Commerce Code § 509.057 Digital Service Provider Duty As To Harmful Material

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Sec. 509.057. DIGITAL SERVICE PROVIDER DUTY AS TO HARMFUL MATERIAL. (a) A digital service provider as defined by Section 509.001 that knowingly publishes or distributes material, more than one-third of which is harmful material or obscene as defined by Section 43.21, Penal Code, …

Tex. Business and Commerce Code § 509.058 Protection of Trade Secrets

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Sec. 509.058. PROTECTION OF TRADE SECRETS. Nothing in this subchapter may be construed to require a digital service provider to disclose a trade secret. Added by Acts 2023, 88th Leg., R.S., Ch. 795 (H.B. 18), Sec. 2.01, eff. September 1, 2024.

Tex. Business and Commerce Code § 509.059 Use of Known Minor's Personal Identifying Information For Certain Purposes

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Sec. 509.059. USE OF KNOWN MINOR'S PERSONAL IDENTIFYING INFORMATION FOR CERTAIN PURPOSES. Nothing in this subchapter may be construed to prevent a digital service provider from collecting, processing, or sharing a known minor's personal identifying information in a manner necessa…

Tex. Business and Commerce Code § 509.101 Verification of Parent Or Guardian

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Sec. 509.101. VERIFICATION OF PARENT OR GUARDIAN. (a) A digital service provider shall verify, using a commercially reasonable method and for each person seeking to perform an action on a digital service as a minor's parent or guardian: (1) the person's identity; and (2) the rela…

Tex. Business and Commerce Code § 509.102 Powers of Verified Parent

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Sec. 509.102. POWERS OF VERIFIED PARENT. (a) A verified parent is entitled to alter the duties of a digital service provider under Section 509.052 with regard to the verified parent's known minor. (b) A verified parent is entitled to supervise the verified parent's known minor's …

Tex. Business and Commerce Code § 509.103 Access To Known Minor's Personal Identifying Information

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Sec. 509.103. ACCESS TO KNOWN MINOR'S PERSONAL IDENTIFYING INFORMATION. (a) A known minor's verified parent may submit a request to a digital service provider to: (1) review and download any personal identifying information associated with the minor in the possession of the digit…

Tex. Business and Commerce Code § 509.104 Minor In Conservatorship of Department of Family and Protective Services

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Sec. 509.104. MINOR IN CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. If a minor is in the conservatorship of the Department of Family and Protective Services, the department may designate the minor's caregiver or a member of the department's staff to perform th…

Tex. Business and Commerce Code § 509.151 Deceptive Trade Practice; Enforcement By Attorney General

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Sec. 509.151. DECEPTIVE TRADE PRACTICE; ENFORCEMENT BY ATTORNEY GENERAL. A violation of this chapter is a deceptive act or practice actionable under Subchapter E, Chapter 17, solely as an enforcement action by the consumer protection division of the attorney general's office. Add…

Tex. Business and Commerce Code § 509.152 Private Cause of Action

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Sec. 509.152. PRIVATE CAUSE OF ACTION. (a) Except as provided by Subsection (b), 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. (b) If a digital service provider violates this chapter, th…

Tex. Business and Commerce Code § 510.001 Definitions

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Sec. 510.001. DEFINITIONS. In this chapter: (1) "Biometric data" means data generated by automatic measurements of an individual's biological patterns or characteristics, including fingerprint, voiceprint, retina or iris scan, information pertaining to an individual's DNA, or ano…

Tex. Business and Commerce Code § 510.002 Applicability To Certain Data

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Sec. 510.002. APPLICABILITY TO CERTAIN DATA. (a) Except as provided by Subsection (b), this chapter applies to personal data from an individual that is collected, transferred, or processed by a data broker. (b) This chapter does not apply to the following data: (1) deidentified d…

Tex. Business and Commerce Code § 510.003 Applicability of Chapter To Certain Entities

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Sec. 510.003. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES. (a) Except as provided by Subsection (b), this chapter applies only to a data broker that, in a 12-month period, derives: (1) more than 50 percent of the data broker's revenue directly from processing or transferring per…

Tex. Business and Commerce Code § 510.004 Notice On Website Or Mobile Application

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Sec. 510.004. NOTICE ON WEBSITE OR MOBILE APPLICATION. A data broker that maintains an Internet website or mobile application shall post a conspicuous notice on the website or application that: (1) states that the entity maintaining the website or application is a data broker; (2…

Tex. Business and Commerce Code § 510.005 Registration

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Sec. 510.005. REGISTRATION. (a) To conduct business in this state, a data broker to which this chapter applies shall register with the secretary of state by filing a registration statement and paying a registration fee of $300. (b) The registration statement must include: (1) the…

Tex. Business and Commerce Code § 510.006 Registry of Data Brokers

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Sec. 510.006. REGISTRY OF DATA BROKERS. (a) The secretary of state shall establish and maintain, on its Internet website, a searchable, central registry of data brokers registered under Section 510.005. (b) The registry must include: (1) a search feature that allows a person sear…

Tex. Business and Commerce Code § 510.007 Protection of Personal Data: Comprehensive Information Security Program

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Sec. 510.007. PROTECTION OF PERSONAL DATA: COMPREHENSIVE INFORMATION SECURITY PROGRAM. (a) A data broker conducting business in this state has a duty to protect personal data held by that data broker as provided by this section. (b) A data broker shall develop, implement, and mai…

Tex. Business and Commerce Code § 510.008 Civil Penalty

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Sec. 510.008. CIVIL PENALTY. (a) A data broker that violates Section 510.004 or 510.005 is liable to this state for a civil penalty as prescribed by this section. (b) A civil penalty imposed against a data broker under this section: (1) subject to Subdivision (2), may not be in a…

Tex. Business and Commerce Code § 510.009 Deceptive Trade Practice

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Sec. 510.009. DECEPTIVE TRADE PRACTICE. A violation of Section 510.007 by a data broker constitutes a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under that subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 963…

Tex. Business and Commerce Code § 510.010 Rules

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Sec. 510.010. RULES. The secretary of state shall adopt rules as necessary to implement this chapter. Added by Acts 2023, 88th Leg., R.S., Ch. 963 (S.B. 2105), Sec. 1, eff. September 1, 2023. Redesignated from Business and Commerce Code, Chapter 509 by Acts 2025, 89th Leg., R.S.,…

Tex. Business and Commerce Code § 521.001 Short Title

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Sec. 521.001. SHORT TITLE. This chapter may be cited as the Identity Theft Enforcement and Protection Act. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Tex. Business and Commerce Code § 521.002 Definitions

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Sec. 521.002. DEFINITIONS. (a) In this chapter: (1) "Personal identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's: (A) name, social security number, date of birth, or government-issued …

Tex. Business and Commerce Code § 521.051 Unauthorized Use Or Possession of Personal Identifying Information

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Sec. 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 …

Tex. Business and Commerce Code § 521.052 Business Duty To Protect Sensitive Personal Information

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Sec. 521.052. BUSINESS DUTY TO PROTECT SENSITIVE PERSONAL INFORMATION. (a) A business shall implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any sensitive personal information collected or…

Tex. Business and Commerce Code § 521.053 Notification Required Following Breach of Security of Computerized Data

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Sec. 521.053. NOTIFICATION REQUIRED FOLLOWING BREACH OF SECURITY OF COMPUTERIZED DATA. (a) In this section, "breach of system security" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal informati…

Tex. Business and Commerce Code § 521.101 Application For Court Order To Declare Individual A Victim of Identity Theft

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Sec. 521.101. APPLICATION FOR COURT ORDER TO DECLARE INDIVIDUAL A VICTIM OF IDENTITY THEFT. (a) A person who is injured by a violation of Section 521.051 or who has filed a criminal complaint alleging commission of an offense under Section 32.51, Penal Code, may file an applicati…

Tex. Business and Commerce Code § 521.102 Presumption of Applicant's Status As Victim

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Sec. 521.102. PRESUMPTION OF APPLICANT'S STATUS AS VICTIM. An applicant under Section 521.101 is presumed to be a victim of identity theft under this subchapter if the person charged with an offense under Section 32.51, Penal Code, is convicted of the offense. Added by Acts 2007,…

Tex. Business and Commerce Code § 521.103 Issuance of Order; Contents

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Sec. 521.103. ISSUANCE OF ORDER; CONTENTS. (a) After notice and hearing, if the court is satisfied by a preponderance of the evidence that an applicant under Section 521.101 has been injured by a violation of Section 521.051 or is the victim of an offense under Section 32.51, Pen…

Tex. Business and Commerce Code § 521.104 Confidentiality of Order

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Sec. 521.104. CONFIDENTIALITY OF ORDER. (a) An order issued under Section 521.103 must be sealed because of the confidential nature of the information required to be included in the order. The order may be opened and the order or a copy of the order may be released only: (1) to t…

Tex. Business and Commerce Code § 521.105 Grounds For Vacating Order

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Sec. 521.105. GROUNDS FOR VACATING ORDER. A court at any time may vacate an order issued under Section 521.103 if the court finds that the application filed under Section 521.101 or any information submitted to the court by the applicant contains a fraudulent misrepresentation or…

Tex. Business and Commerce Code § 521.151 Civil Penalty; Injunction

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Sec. 521.151. CIVIL PENALTY; INJUNCTION. (a) A person who violates this chapter is liable to this state for a civil penalty of at least $2,000 but not more than $50,000 for each violation. The attorney general may bring an action to recover the civil penalty imposed under this su…

Tex. Business and Commerce Code § 521.152 Deceptive Trade Practice

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Sec. 521.152. DECEPTIVE TRADE PRACTICE. A violation of Section 521.051 is a deceptive trade practice actionable under Subchapter E, Chapter 17. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Tex. Business and Commerce Code § 522.001 Definitions

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Sec. 522.001. DEFINITIONS. In this chapter: (1) "Payment card" means a credit card, debit card, check card, or other card that is issued to an authorized user to purchase or obtain goods, services, money, or any other thing of value. (2) "Re-encoder" means an electronic device th…

Tex. Business and Commerce Code § 522.002 Offense; Penalty

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Sec. 522.002. OFFENSE; PENALTY. (a) A person commits an offense if the person uses a scanning device or re-encoder to access, read, scan, store, or transfer information encoded on the magnetic strip of a payment card without the consent of an authorized user of the payment card a…

Tex. Business and Commerce Code § 523.001 Extension of Credit To Victim of Identity Theft

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Sec. 523.001. EXTENSION OF CREDIT TO VICTIM OF IDENTITY THEFT. (a) In this section, "victim of identity theft" means an individual who has filed a criminal complaint alleging the commission of an offense under Section 32.51, Penal Code, other than a person who is convicted of an …

Tex. Business and Commerce Code § 523.002 Verification of Consumer Identity

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Sec. 523.002. VERIFICATION OF CONSUMER IDENTITY. (a) In this section: (1) "Consumer report" has the meaning assigned by Section 20.01. (2) "Extension of credit" does not include: (A) an increase in the dollar limit of an existing open-end credit plan as defined by federal Regulat…

Tex. Business and Commerce Code § 523.051 Notation of Forged Check

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Sec. 523.051. NOTATION OF FORGED CHECK. (a) In this section, "victim of identity theft" means a person who has filed with an appropriate law enforcement agency a criminal complaint alleging commission of an offense under Section 32.51, Penal Code. (b) A financial institution, in …