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Texas

Texas Data Privacy and Security Act (TDPSA) (TDPSA)

In Effect
Law Status
TDPSA
Law Name
2024-07-01
Effective Date
high
Priority

Texas has enacted the Texas Data Privacy and Security Act (TDPSA) (TDPSA). The law is currently in effect. It applies to conducts business in texas and processes personal data (not a small business as defined by the us sba). no revenue or consumer count threshold — coverage is broader than most states.. Consumers have the right to delete their data, correct inaccurate data, opt out of data sales. Violations can result in penalties of up to $7,500 per violation.

Consumer Rights

Right to Access✔ Yes
Right to Delete✔ Yes
Right to Correct✔ Yes
Right to Portability✔ Yes
Opt Out of Data Sale✔ Yes
Opt Out of Targeted Ads✔ Yes
Opt Out of Profiling✔ Yes
Right to Appeal✔ Yes
Authorized Agent✔ Yes

Business Obligations

Privacy Notice Required✔ Required
Data Minimization✔ Required
Data Protection Assessment✔ Required
Processor Contract Required✔ Required
Universal Opt-Out Required✔ Required
Sensitive Data Consent✔ Required
Child Data Consent✔ Required
Appeals Process Required✔ Required

Applicability & Thresholds

Revenue FloorNone
Primary Consumer ThresholdNone specified
Secondary Consumer ThresholdN/A
Data Sale Revenue %N/A
Small Business ExemptionYes
Nonprofit ExemptionYes
Employee Data ExemptionYes
Child Age ThresholdUnder 13

Enforcement & Penalties

Enforcing AgencyTexas Attorney General
Dedicated Privacy AgencyNo
Penalty Per Violation$7,500
Penalty Per Willful Violation$7,500
Private Right of ActionNone
Cure Period30 days
Response Deadline45 days

Important Notes

30-day cure period. Penalty up to $7,500 per violation. Small businesses exempt but must honor opt-outs. Universal opt-out required.

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How Texas Compares to Neighboring States

StateLawStatusEffective DatePriority
Texas ◀TDPSAIn Effect2024-07-01high
ArkansasArkansasNo LawN/Alow
LouisianaLouisianaNo LawN/Alow
New MexicoNew MexicoNo LawN/Alow
OklahomaOklahomaNo LawN/Alow

Frequently Asked Questions — Texas Privacy Law

What is the TDPSA and who does it apply to?

The Texas Data Privacy and Security Act (TDPSA) (TDPSA) is Texas's comprehensive consumer privacy law, effective 2024-07-01. Conducts business in Texas and processes personal data (not a small business as defined by the US SBA). No revenue or consumer count threshold — coverage is broader than most states.

What rights do Texas consumers have under TDPSA?

Under the TDPSA, Texas consumers have the right to: access their personal data, request deletion of their data, correct inaccurate data, obtain a portable copy of their data, opt out of the sale of their personal data, opt out of targeted advertising, opt out of profiling for significant decisions, appeal a denial of their privacy rights request.

Does TDPSA require consent for sensitive data?

Yes. The TDPSA requires businesses to obtain affirmative consent before processing sensitive personal data. This includes data such as health information, biometric data, precise geolocation, and other sensitive categories.

What are the penalties for violating TDPSA?

Violations of the TDPSA can result in civil penalties of up to $7,500 per violation and up to $7,500 per willful violation. There is no private right of action — enforcement is exclusively by the state Attorney General.

Does TDPSA require a data protection assessment?

Yes. The TDPSA requires businesses to conduct data protection assessments for high-risk processing activities such as targeted advertising, sale of personal data, sensitive data processing, and certain profiling activities.

Is there a universal opt-out requirement under TDPSA?

Yes. The TDPSA requires businesses to recognize universal opt-out preference signals effective 2024-01-01. This means businesses must honor browser-based or device-level opt-out signals such as Global Privacy Control (GPC).

How long does a business have to respond to a consumer request under TDPSA?

Businesses must respond to consumer privacy requests within 45 days under the TDPSA. An extension of up to 45 additional days is available with notice to the consumer. If a request is denied, businesses must provide an appeals process with a response within 45 days.

Official Source

Texas Attorney General

View Official Source →

More Texas Resources

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Data Methodology

DataTactic researchers verify privacy law data directly against official government sources — Texas Attorney General publications, state statutes, and agency websites. Each data point is cross-referenced against primary sources before publication. Records are reviewed and updated when laws or requirements change.

Last verified: 2026-06-01 · DataTactic provides reference information only. This is not legal advice. Consult a qualified attorney for compliance guidance.