Texas Business And Commerce Code Title 11, Chapter 521 - Unauthorized Use Of Identifying Information

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 521.001 - Short Title
  This chapter may be cited as the Identity Theft Enforcement and Protection Act. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec....

SUBCHAPTER B IDENTITY THEFT

• Texas Section 521.002 - Definitions
  (a) In this chapter: (1) "Personal identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's: (A)...
• Texas Section 521.051 - Unauthorized Use Or Possession Of Personal Identifying Information
  (a) A person may not obtain, possess, transfer, or use personal identifying information of another person without the other person's consent and with intent to...
• Texas Section 521.052 - Business Duty To Protect Sensitive Personal Information
  (a) A business shall implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any sensitive personal...

SUBCHAPTER C COURT ORDER DECLARING INDIVIDUAL

• Texas Section 521.053 - Notification Required Following Breach Of Security Of Computerized Data
  (a) In this section, "breach of system security" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information...
• Texas Section 521.101 - Application For Court Order To Declare Individual A Victim Of Identity Theft
  (a) A person who is injured by a violation of Section 521.051 or who has filed a criminal complaint alleging commission of an offense under...
• Texas Section 521.102 - Presumption Of Applicant's Status As Victim
  An applicant under Section 521.101 is presumed to be a victim of identity theft under this subchapter if the person charged with an offense under...
• Texas Section 521.103 - Issuance Of Order; Contents
  (a) After notice and hearing, if the court is satisfied by a preponderance of the evidence that an applicant under Section 521.101 has been injured...
• Texas Section 521.104 - Confidentiality Of Order
  (a) An order issued under Section 521.103 must be sealed because of the confidential nature of the information required to be included in the order....

SUBCHAPTER D REMEDIES

• Texas Section 521.105 - Grounds For Vacating Order
  A court at any time may vacate an order issued under Section 521.103 if the court finds that the application filed under Section 521.101 or...
• Texas Section 521.151 - Civil Penalty; Injunction
  (a) A person who violates this chapter is liable to this state for a civil penalty of at least $2,000 but not more than $50,000...
• Texas Section 521.152 - Deceptive Trade Practice
  A violation of Section 521.051 is a deceptive trade practice actionable under Subchapter E, Chapter 17. Added by Acts 2007, 80th Leg., R.S., Ch. 885...

Last modified: September 28, 2016