Disposal of Business Records Containing Personal Identifying Information
Texas Records Disposal Law
Data security
Requires businesses to shred, erase, or otherwise make customers' personal identifying information unreadable when disposing of records, and to delete disputed dishonored-check records within 30 days of agreement or a police report.
- Where
- Texas
- Citation
- Tex. Bus. & Com. Code 72.004; see also 72.051
- Status
- In force
- In force since
- 2009-04-01
- Enforced by
- Texas Attorney General
- People can sue
- No
- Penalties
- Up to $500 per improperly disposed record (72.004(d)); up to $1,000 for failing to delete disputed check records (72.051(d)).
- Applies to
- Businesses disposing of records containing customers' personal identifying information, except GLBA financial institutions and Insurance Code 601/602 covered entities (72.004(a)-(b))
- Businesses that accept checks, for deletion of disputed dishonored-check records (72.051)
Practices it requires
- Delete electronic dishonored-check records within 30 days after agreeing they are incorrect or receiving a police report and written statement that the check was unauthorized.Tex. Bus. & Com. Code 72.051(c)
Security duties
- When disposing of records containing a customer's personal identifying information, shred, erase, or otherwise make the information unreadable; contracting with a disposal business satisfies the duty.Tex. Bus. & Com. Code 72.004(b)-(c)
Sources
- Official text
- Tex. Bus. & Com. Code ch. 72 (Texas Legislature, Texas Constitution and Statutes)
- Tex. Bus. & Com. Code ch. 72, statute text file served by the Texas Legislative Council
Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.
Research reference, not legal advice.