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Texas Laws | Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 11. PERSONAL IDENTITY INFORMATION

(d) A person who violates this section is subject to a civil penalty of not more than $25,000 for each violation. The attorney general may bring an action to recover the civil penalty. (11827)

(e) This section does not apply to voiceprint data retained by a financial institution or an affiliate of a financial institution, as those terms are defined by 15 U.S.C. Section 6809. (11828)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11829)

Amended by: (11830)

Acts 2009, 81st Leg., R.S., Ch. 1163 (H.B. 3186), Sec. 1, eff. September 1, 2009. (11831)

Acts 2017, 85th Leg., R.S., Ch. 913 (S.B. 1343), Sec. 1, eff. September 1, 2017. (11832)

CHAPTER 504. PROHIBITED USE OF CRIME VICTIM OR MOTOR VEHICLE ACCIDENT INFORMATION (11833)(Text)
Sec. 504.001. DEFINITIONS. (11834)(Text)

In this chapter: (11835)

(1) "Crime victim information" means information that: (11836)

(A) is collected or prepared by a law enforcement agency; and (11837)

(B) identifies or serves to identify a person who, according to a record of the agency, may have been the victim of a crime in which: (11838)

(i) physical injury to the person occurred or was attempted; or (11839)

(ii) the offender entered or attempted to enter the dwelling of the person. (11840)

(2) "Motor vehicle accident information" means information that: (11841)

(A) is collected or prepared by a law enforcement agency; and (11842)

(B) identifies or serves to identify a person who, according to a record of the agency, may have been involved in a motor vehicle accident. (11843)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11844)

Sec. 504.002. PROHIBITION ON USE FOR SOLICITATION OR SALE OF INFORMATION. (11845)(Text)

(a) A person who possesses crime victim or motor vehicle accident information that the person obtained or knows was obtained from a law enforcement agency may not: (11846)

(1) use the information to contact directly any of the following persons for the purpose of soliciting business from the person: (11847)

(A) a crime victim; (11848)

(B) a person who was involved in a motor vehicle accident; or (11849)

(C) a member of the family of a person described by Paragraph (A) or (B); or (11850)

(2) sell the information to another person for financial gain. (11851)

(b) The attorney general may bring an action against a person who violates Subsection (a) pursuant to Section 17.47. (11852)

(c) A person commits an offense if the person violates Subsection (a). An offense under this subsection is a Class C misdemeanor unless the defendant has been previously convicted under this section three or more times, in which event the offense is a felony of the third degree. (11853)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (11854)

CHAPTER 505. USE OF ZIP CODE TO VERIFY CUSTOMER'S IDENTITY (11855)(Text)
Sec. 505.001. DEFINITIONS. (11856)(Text)

In this chapter: (11857)

(1) "Credit card" means a card or device issued under an agreement by which the issuer gives to a cardholder the right to obtain credit from the issuer or another person. (11858)

(2) "Credit card issuer" means a lender, including a financial institution, or a merchant that receives applications and issues credit cards to individuals. (11859)

Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.010(a), eff. September 1, 2009. (11860)

Sec. 505.002. USE OF ZIP CODE TO VERIFY IDENTITY IN CREDIT CARD TRANSACTION. (11861)(Text)

(a) A business may require a customer who purchases a good or service from the business using a credit card to provide the customer's zip code to verify the customer's identity as provided by Subsection (b). (11862)

(b) A business that obtains a customer's zip code under Subsection (a) may electronically verify with the credit card issuer that the zip code matches any zip code that the credit card issuer has on file for the credit card. (11863)

Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.010(a), eff. September 1, 2009. (11864)

Sec. 505.003. RETENTION OF ZIP CODE PROHIBITED. (11865)(Text)

A business that obtains a customer's zip code under Section 505.002 may not retain the zip code in any form after the purchase of the good or service has been completed. (11866)

Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.010(a), eff. September 1, 2009. (11867)

CHAPTER 506. REIDENTIFICATION OF DEIDENTIFIED INFORMATION (11868)(Text)
Sec. 506.001. DEFINITIONS. (11869)(Text)

In this chapter: (11870)

(1) "Covered information" means deidentified information released by a board, commission, department, or other agency of this state, including an institution of higher education as defined by Section 61.003, Education Code, or a hospital that is maintained or operated by the state. (11871)

(2) "Deidentified information" means information with respect to which the holder of the information has made a good faith effort to remove all personal identifying information or other information that may be used by itself or in combination with other information to identify the subject of the information. The term includes aggregate statistics, redacted information, information for which random or fictitious alternatives have been substituted for personal identifying information, and information for which personal identifying information has been encrypted and for which the encryption key is maintained by a person otherwise authorized to have access to the information in an identifiable format. (11872)

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