Texas Business & Commerce Code

§ 521.051 — UNAUTHORIZED USE OR POSSESSION OF PERSONAL IDENTIFYING INFORMATION

BC § 521.051Title 11. PERSONAL IDENTITY INFORMATION · Part B. IDENTITY THEFT · Ch. 521. UNAUTHORIZED USE OF IDENTIFYING INFORMATION · Art. B. IDENTITY THEFT

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(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.

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Legislative history

Acts 2021, 87th Leg., R.S., Ch. 143 (H.B. 3529), Sec. 1, eff. September 1, 2021.