SUBCHAPTER B.  IDENTITY THEFT

Sec. 521.051.  UNAUTHORIZED USE OR POSSESSION OF PERSONAL IDENTIFYING INFORMATION.  (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.
(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.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 143 (H.B. 3529), Sec. 1, eff. September 1, 2021.