Texas Business and Commerce Code 509.003 – Applicability of Chapter to Certain Entities
(a) Except as provided by Subsection (b), this chapter applies only to a data broker that, in a 12-month period, derives:
(1) more than 50 percent of the data broker’s revenue from processing or transferring personal data that the data broker did not collect directly from the individuals to whom the data pertains; or
(2) revenue from processing or transferring the personal data of more than 50,000 individuals that the data broker did not collect directly from the individuals to whom the data pertains.
(b) This chapter does not apply to:
(1) a service provider, including a service provider that engages in the business of processing employee data for a third-party employer for the sole purpose of providing benefits to the third-party employer’s employees;
(2) a person or entity that collects personal data from another person or entity to which the person or entity is related by common ownership or corporate control, provided a reasonable consumer would expect the persons or entities to share data;
(3) a federal, state, tribal, territorial, or local governmental entity, including a body, authority, board, bureau, commission, district, agency, or political subdivision of a governmental entity;
(4) an entity that serves as a congressionally designated nonprofit, national resource center, or clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public on missing and exploited children issues;
(5) a consumer reporting agency or other person or entity that furnishes information for inclusion in a consumer credit report or obtains a consumer credit report, but only to the extent the person or entity engages in activity regulated or authorized by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), including the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living; or
(6) a financial institution subject to Title V, Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.).
Terms Used In Texas Business and Commerce Code 509.003
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005