Business & Commerce Code § 521.051

Sec. 521.051. UNAUTHORIZED USE OR POSSESSION OF PERSONAL IDENTIFYING INFORMATION. (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. 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.