Statutes | Tex. Bus. & Com. Code ยง 521.051 | 2021

(a) A person may not obtain, possess, transfer, or use personal identifying information of another person without the other persons 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 persons name.

 
(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: 
 


 

(1) induced by force, threat, fraud, or coercion or
 


 

 
(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.

 
(b) It is a defense to an action brought under this section that an act by a person: 
 


 

(1) is covered by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) and

 
(2) is in compliance with that Act and regulations adopted under that Act.

 
(c) This section does not apply to: 


 

(1) a financial institution as defined by 15 U.S.C. Section 6809 or
 


 

 
(2) a covered entity as defined by Section 601.001 or 602.001, Insurance Code.