🇺🇸Texas Capture or Use of Biometric Identifier Law

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Texas Capture or Use of Biometric Identifier Law

Texas Capture or Use of Biometric Identifier Law

This specialist state privacy law applies to a defined data type, business model or processing activity. It should be layered over any applicable comprehensive state and federal laws.

Current official version

Effective status: September 1, 2009; current amendments effective January 1, 2026

Citation: Tex. Bus. & Com. Code Chapter 503

Source basis: Current Texas Business and Commerce Code Chapter 503, current through the 2025 called session.

Scope

Chapter 503 regulates a person that captures a biometric identifier for a commercial purpose. Biometric identifier means a retina or iris scan, fingerprint, voiceprint or record of hand or face geometry under the current text.

Operational obligations

Inform the individual and obtain consent before commercial capture; restrict sale, lease and disclosure; protect stored identifiers with reasonable care at least equal to comparable confidential information; and destroy data within the statutory period after the purpose expires.

State-specific point

Effective January 1, 2026, Internet or public availability of an image or other media does not by itself establish notice and consent unless the individual made it public. Current AI-related text must be included in collection analysis.

Enforcement

The Texas Attorney General may bring an action for statutory civil penalties. Chapter 503 does not create the Illinois BIPA-style private action.

What this means for you

Inventory the covered data and processing separately, obtain the exact notice, consent or authorization required, control vendors and disclosures, and retain evidence against the current official text.

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