Texas § BC.510.003 - APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES

§ BC.510.003. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES

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 directly from processing or transferring personal data not collected by the data broker directly from the individuals to whom the data pertains; or (2) revenue directly from processing or transferring the personal data of more than 50,000 individuals not collected by the data broker 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. Section 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. Section 6801 et seq.). Added by Acts 2023, 88th Leg., R.S., Ch. 963 (S.B. 2105 ), Sec. 1, eff. September 1, 2023. Redesignated from Business and Commerce Code, Chapter 509 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 22.001 (3), eff. September 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1013 (S.B. 2121 ), Sec. 2, eff. September 1, 2025.