Applicability of Chapter

What it requires

Applies only to a person that conducts business in Texas (or produces a product or service consumed by Texas residents) and that processes or engages in the sale of personal data. Unlike most state privacy laws, the TDPSA has no numeric consumer-count threshold (Nebraska's Data Privacy Act, Neb. Rev. Stat. § 87-1103, follows the same model); instead it excludes small businesses as defined by the United States Small Business Administration, though § 541.107 still bars even an exempt small business from selling sensitive data without the consumer's consent.

Statute text

This chapter applies only to a person that: (1) conducts business in this state or produces a product or service consumed by residents of this state; (2) processes or engages in the sale of personal data; and (3) is not a small business as defined by the United States Small Business Administration, except to the extent that Section 541.107 applies to a person described by this subdivision.

Texas Data Privacy and Security Act, § 541.002Read the full section from Texas Office of the Attorney General