Texas Business & Commerce Code
§ 72.004 — DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION
BC § 72.004Title 5. REGULATION OF BUSINESSES AND SERVICES · Part A. GENERAL PRACTICES · Ch. 72. BUSINESS RECORDS · Art. A. DISPOSAL OF CERTAIN BUSINESS RECORDS
Statute text
View on source(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 or 602.001, 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:
…
Legislative history
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.