Tracker record · Texas · Statute
Capture or Use of Biometric Identifier Act
CUBI governs the capture and use of biometric identifiers in Texas: notice and consent before capture, purpose limitation, retention and destruction duties, and restrictions on sale and disclosure. Its biometric-identifier definition is distinct from the TDPSA's sensitive-data category, and the two must not be conflated. The statute has been amended to address AI-related collection and use; the operative definition sits in section 503.001, with HB 149 added §503.001(b-1), (e), and (f), effective January 1, 2026, including an exception for biometric identifiers used to develop or train AI systems that are not used to uniquely identify individuals.
Status
- Legal status
- In effect
- Allegation or finding
- Operative law
- Applicability
- Persons capturing biometric identifiers in Texas for commercial purposes
- Enforceability
- Binding on parties within scope
- Effective date
- Added by HB 2278 (2007), effective April 1, 2009; amended 2009 (HB 3186), 2017 (SB 1343), and January 1, 2026 (HB 149)
- Law checked through
- October 12, 2026
- Primary-source pinpoint
- ch. 503
- Primary source
- https://tcss.legis.texas.gov/resources/BC/htm/BC.503.htm
- Citation
- Bus. & Com. Code §503.001
- Source
- Tex. Bus. & Com. Code ch. 503
Procedural events
- 2026-01-01: HB 149 section 2 (AI-related CUBI amendments) takes effect