Privacy Law Library

Texas Data Broker Law

Texas Data Broker Law

Data brokers · Data security

Requires data brokers to register annually with the Texas Secretary of State, post a conspicuous data-broker notice, and keep a written comprehensive information security program. The 2025 session broadened the definition of data broker, added a TDPSA-rights link to the registration and website notice, and moved the law from chapter 509 to chapter 510.

Where
Texas
Citation
Tex. Bus. & Com. Code ch. 510 (510.001-510.010) (formerly ch. 509, redesignated 2025)
Status
In force
In force since
2023-09-01
Last amended
2025-09-01
Enforced by
Texas Attorney General; Texas Secretary of State administers registration and the registry
People can sue
No
Penalties
For notice or registration violations, at least $100 per day plus unpaid fees, capped at $10,000 per broker in a 12-month period (510.008); violations are also deceptive trade practices actionable by the attorney general (510.009).
Applies to
  • Data brokers: business entities that collect, process, or transfer personal data they did not collect directly from the individual (510.001(4), as broadened by S.B. 2121, 2025)
  • Only brokers that in a 12-month period derive more than 50% of revenue from such data, or derive revenue from such data about more than 50,000 individuals (510.003(a))
  • Excludes service providers, affiliates sharing data under common control, government entities, and other listed entities; excludes deidentified data, employee data, publicly available information, and GLBA data (510.002(b), 510.003(b))

What a privacy notice must say

  • Post a conspicuous website or app notice saying the entity is a data broker, using Secretary of State language, and explaining how to exercise TDPSA consumer rights.Tex. Bus. & Com. Code 510.004

Security duties

  • Develop, implement, and maintain a written comprehensive information security program with administrative, technical, and physical safeguards scaled to the business, including designated staff and risk assessment.Tex. Bus. & Com. Code 510.007

Registration

  • Register with the Secretary of State and pay a $300 fee before conducting business in Texas.Tex. Bus. & Com. Code 510.005(a)
  • Registration statement must include contact details, a link to a prominent page explaining how to exercise TDPSA rights, data categories, whether purchaser credentialing is used, and statements about known children's data.Tex. Bus. & Com. Code 510.005(b)

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Unverified: The Secretary of State rules at 1 Tex. Admin. Code ch. 106 (which supply the required notice language under 510.004(3)) were not fetched.

Research reference, not legal advice.