Section 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.Tex. Bus. and Comm. Code § 521.051
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 143,Sec. 1, eff. 9/1/2021.Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. 4/1/2009.