{"data":{"id":"us-tx/tex.-business-commerce-code-521.051","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 521.051","heading":"UNAUTHORIZED USE OR POSSESSION OF PERSONAL IDENTIFYING INFORMATION.","body":"(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.\n(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:\n(1) induced by force, threat, fraud, or coercion; or\n(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.\n(b) It is a defense to an action brought under this section that an act by a person:\n(1) is covered by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.); and\n(2) is in compliance with that Act and regulations adopted under that Act.\n(c) This section does not apply to:\n(1) a financial institution as defined by 15 U.S.C. Section 6809; or\n(2) a covered entity as defined by Section 601.001 or 602.001, Insurance Code.\nAdded by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.\nAmended by:\nActs 2021, 87th Leg., R.S., Ch. 143 (H.B. 3529), Sec. 1, eff. September 1, 2021.","path":["BUSINESS AND COMMERCE CODE","TITLE 11. PERSONAL IDENTITY INFORMATION","SUBTITLE B. IDENTITY THEFT","CHAPTER 521. UNAUTHORIZED USE OF IDENTIFYING INFORMATION","SUBCHAPTER B. IDENTITY THEFT"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.521.htm#521.051","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"12234fc0521bd84fc70370241dbb0be860c702d97e1a63c8ae3e6d81f92c749f","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-521.002","next":"us-tx/tex.-business-commerce-code-521.052"},"notice":"GroundRules: Original legal text. Not legal advice."}