Texas Data Disposal
TX Bus & Com. Code § 72.004
TX Bus. & Com. Code § 521.052
Texas Statutes
Business and Commerce Code
Title 5 - Regulation of Businesses and Services
Subtitle A - General Practices
Chapter 72 - Business Records
Subchapter A. Disposal of Certain Business Records
Section 72.004. Disposal of Business Records Containing Personal Identifying Information
Sec. 72.004 Disposal of Business Records Containing Personal Identifying Information
(a) 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 (Definitions) or 602.001 (Definitions), Insurance Code.
(b) When a business disposes of a business record that contains personal identifying information of a customer of the business, the business shall modify, by shredding, erasing, or other means, the personal identifying information so as to make the information unreadable or undecipherable.
(c) A business is considered to comply with Subsection (b) if the business contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on behalf of the business in accordance with that subsection.
(d) A business that disposes of a business record without complying with Subsection (b) is liable for a civil penalty in an amount not to exceed $500 for each business record. The attorney general may bring an action against the business to:
(1) recover the civil penalty;
(2) obtain any other remedy, including injunctive relief; and
(3) recover costs and reasonable attorney’s fees incurred in bringing the action.
(e) A business that in good faith modifies a business record as required by Subsection (b) is not liable for a civil penalty under Subsection (d) if the business record is reconstructed, wholly or partly, through extraordinary means.
(f) Subsection (b) does not require a business to modify a business record if:
(1) the business is required to retain the business record under another law; or
(2) the business record is historically significant and:
(A) there is no potential for identity theft or fraud while the business retains custody of the business record; or
(B) the business record is transferred to a professionally managed historical repository.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
TX Bus. & Com. Code § 521.052
Texas Statutes
Business and Commerce Code
Title 11 - Personal Identity Information
Subtitle B - Identity Theft
Chapter 521 - Unauthorized Use of Identifying Information
Subchapter A. General Provisions
Section 521.002. Definitions
521.052 Business Duty to Protect Sensitive Personal Information
Sec. 521.052 Business Duty to Protect Sensitive Personal Information
(a) A business shall implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any sensitive personal information collected or maintained by the business in the regular course of business.
(b) A business shall destroy or arrange for the destruction of customer records containing sensitive personal information within the business’s custody or control that are not to be retained by the business by:
(1) shredding;
(2) erasing; or
(3) otherwise modifying the sensitive personal information in the records to make the information unreadable or indecipherable through any means.
(c) This section does not apply to a financial institution as defined by 15 U.S.C. Section 6809.
(d) As used in this section, “business” includes a nonprofit athletic or sports association.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 419 (H.B. 2004), Sec. 2, eff. September 1, 2009.
For more information, see here: https://texas.public.law/statutes/tex._bus._and_com._code_section_72.004
AND
https://texas.public.law/statutes/tex._bus._and_com._code_section_521.052
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