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Texas breach notification duties

Industry: All industries · Track: Compliance

Texas breach notification duties are set by section 521.053. Individual notice: a person that conducts business in Texas and owns or licenses computerized data including sensitive personal information must notify any individual whose sensitive personal information was or is reasonably believed to have been acquired by an unauthorized person, without unreasonable delay and not later than 60 days after the date the person determines that the breach occurred; the statute permits delay at the request of a law enforcement agency and the time necessary to determine the scope of the breach and restore the data system's reasonable integrity, and allows notice under another state's law for residents of that state (secs. 521.053(b), (b-1), (d)). Attorney General notice: a separate duty, triggered when a breach involves at least 250 Texas residents, requires notice to the Attorney General as soon as practicable and not later than 30 days after determination, submitted electronically on the Attorney General's form with the contents the statute specifies (sec. 521.053(i)). Timing, recipient classes, content, and exceptions are provision-specific; the Texas-focused breach notification resource carries the working chart.

Status

Legal status
In effect: individuals within 60 days; Attorney General within 30 days when 250 or more Texans are affected
Allegation or finding
Operative law
Applicability
Persons conducting business in Texas that own or license computerized data including sensitive personal information
Enforceability
Binding on parties within scope
Effective date
Current text September 1, 2023 (SB 768)
Law checked through
October 12, 2026
Primary-source pinpoint
§521.053
Primary source
https://tcss.legis.texas.gov/resources/BC/htm/BC.521.htm
Citation
§521.053
Source
Tex. Bus. & Com. Code ch. 521

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