Tex. Bus. & Com. Code § 521.051 · Subchapter B. IDENTITY THEFT
UNAUTHORIZED USE OR POSSESSION OF PERSONAL IDENTIFYING INFORMATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 service, insurance, an extension of credit, or any other thing of value in the other person's name.
(a-1) For purposes of this section, "effective consent" includes consent given by a person legally authorized to act on behalf of the person from whom consent is required. Consent is not effective if:
(1) induced by force, threat, fraud, or coercion; or
(2) given by a person who by reason of youth, mental illness, or intellectual disability is known by the actor to be unable to make reasonable decisions.
(b) It is a defense to an action brought under this section that an act by a person:
(1) is covered by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.); and
(2) is in compliance with that Act and regulations adopted under that Act.
(c) This section does not apply to:
(1) a financial institution as defined by 15 U.S.C. Section 6809; or
(2) a covered entity as defined by Section 601.001 or 602.001, Insurance Code.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 143 (H.B. 3529), Sec. 1, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.521.htm
- Text hash
- sha256 a8a35a17a1058182ca322c52ea9a3a7fa1d9957d51e4e68e2e342c50ffdb7d4f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 521.051. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 521.101APPLICATION FOR COURT ORDER TO DECLARE INDIVIDUAL A VICTIM OF IDENTITY THEFT.Printed as Section 521.051
- Tex. Bus. & Com. Code § 521.103ISSUANCE OF ORDER; CONTENTS.Printed as Section 521.051
- Tex. Bus. & Com. Code § 521.152DECEPTIVE TRADE PRACTICE.Printed as Section 521.051
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.