{"data":{"id":"us-tx/tex.-business-commerce-code-72.004","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 72.004","heading":"DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION.","body":"(a) 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.\n(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.\n(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.\n(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:\n(1) recover the civil penalty;\n(2) obtain any other remedy, including injunctive relief; and\n(3) recover costs and reasonable attorney's fees incurred in bringing the action.\n(e) A business that in good faith modifies a business record as required by Subsection (b) is not liable for a civil penalty under Subsection (d) if the business record is reconstructed, wholly or partly, through extraordinary means.\n(f) Subsection (b) does not require a business to modify a business record if:\n(1) the business is required to retain the business record under another law; or\n(2) the business record is historically significant and:\n(A) there is no potential for identity theft or fraud while the business retains custody of the business record; or\n(B) the business record is transferred to a professionally managed historical repository.\nAdded by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.","path":["BUSINESS AND COMMERCE CODE","TITLE 5. REGULATION OF BUSINESSES AND SERVICES","SUBTITLE A. GENERAL PRACTICES","CHAPTER 72. BUSINESS RECORDS","SUBCHAPTER A. DISPOSAL OF CERTAIN BUSINESS RECORDS"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.72.htm#72.004","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"227dd7dfa4967c42857d37e7b7d6c6abdd537507165775eb90658e9ee1dfa6e9","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-72.003","next":"us-tx/tex.-business-commerce-code-72.051"},"notice":"GroundRules: Original legal text. Not legal advice."}