Data, privacy and AI rules

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Texas TDPSA

In force Texas · In force Jul 1, 2024 · no upcoming deadlines

Deadlines

ComplianceJan 1, 2025 · 22 months ago · Source
Universal opt-out mechanism requirement appliesControllers must honor global privacy control / universal opt-out signals (Bus. & Com. Code 541.055(e)).
Takes effectJul 1, 2024 · 2.3 years ago · Source
TDPSA takes effectMost TDPSA obligations and consumer rights apply.

Summaries for reference, not legal advice. Check the official text.

What it does

Comprehensive consumer privacy law with access, correction, deletion, portability and opt-out rights, opt-in consent for sensitive data, data protection assessments and a universal opt-out signal requirement. Scope turns on the SBA small-business definition instead of consumer-count thresholds, so it reaches most non-small businesses.

Who it applies to
Persons conducting business in Texas or producing products/services consumed by Texas residents that process or sell personal data and are not a small business as defined by the U.S. Small Business Administration (no consumer-count threshold). Small businesses may not sell sensitive data without consent. Exempts state agencies, GLBA financial institutions, HIPAA entities, nonprofits, higher education, utilities.
Penalties
Civil penalty up to $7,500 per violation, plus injunctive relief and AG fees/expenses. Mandatory 30-day notice-and-cure period before any action; it does not sunset. No private right of action.
Enforced by
Texas Attorney General (exclusive)
Official name
Texas Data Privacy and Security Act (HB 4, 2023)
Citation
Tex. Bus. & Com. Code ch. 541 (Acts 2023, 88th Leg., R.S., HB 4)
Topics
Privacy
Verified 2026-09-22 statutes.capitol.texas.gov
Research notes

The penalty ($7,500) and cure terms are from the enrolled statute. They were not re-read from the official statute site on Sept 22, 2026 because that site renders via JavaScript. No amendments to ch. 541 found through Sept 2026. The Texas AG has brought TDPSA enforcement actions (e.g. against Allstate/Arity, Jan 2025).

Related

EnactedAlabama
Alabama Personal Data Protection Act (APDPA)Alabama's comprehensive privacy law, enacted April 2026, grants rights to confirm, correct, delete, port and opt out of targeted advertising, sale and profiling. Unusually, it does not require data protection assessments, generally excludes analytics and certain marketing disclosures from 'sale', and broadly exempts small businesses that don't sell data.Next: May 1, 2027 APDPA takes effect · in 6 months
In forceArkansas
Arkansas COPPA 2.0State COPPA-style law that extends protections to teens. Operators of sites and apps directed to children or teens, or with knowledge of their age, face limits on collecting and using their personal information and on targeted advertising.In effect since Jul 1, 2026
AmendedCalifornia
CCPA / CPRAGives California residents (including employees and B2B contacts) rights to know, delete, correct, and opt out of sale/sharing of personal information and to limit use of sensitive personal information. CPPA regulations approved Sept 22, 2025 (effective Jan 1, 2026) add automated decisionmaking technology (ADMT) rights, mandatory risk assessments with submissions to the agency, and annual independent cybersecurity audits. AB 566 (2025) requires browsers to offer an opt-out preference signal from Jan 1, 2027.Next: Jan 1, 2027 ADMT requirements compliance date · in 2 months
In forceCalifornia
California AB 2013 (AI training data transparency)Developers of generative AI systems made publicly available to Californians must post documentation of the training data on their websites. It must cover a high-level summary of the datasets, their sources and owners, the number of data points, the types of data, whether the data includes copyrighted material or personal information, whether it was licensed or purchased, cleaning and processing steps, collection periods, and whether synthetic data was used.In effect since Jan 1, 2026
In forceCalifornia
California Delete Act / DROPRequires data brokers to register annually with the California Privacy Protection Agency and to process consumer deletion requests submitted through the agency's Delete Request and Opt-out Platform (DROP). DROP opened to consumers Jan 1, 2026; from Aug 1, 2026 brokers must pull and process requests at least every 45 days. Brokers face independent compliance audits every three years from 2028.Next: Jan 31, 2027 Annual data broker registration deadline · in 3 months
EnactedCalifornia
California Digital Age Assurance ActOperating system providers must ask for a user's birth date or age at device account setup and send an age-bracket signal to apps through an API. App developers must request that signal when an app is downloaded and launched. The signal may only be used for age compliance and not shared for other purposes.Next: Jan 1, 2027 Age signal duties begin · in 2 months
In forceCalifornia
California social media account deletionSocial media platforms must offer a clear and conspicuous button to delete an account and must not obstruct deletion. A request to delete an account counts as a CCPA request to delete the user's personal information.In effect since Jan 1, 2026
EnactedColorado
Colorado AI ActColorado's 2024 high-risk AI law (risk-management programs, impact assessments) never took effect: it was delayed to June 30, 2026 and then repealed and reenacted by SB 26-189, signed May 14, 2026, as a narrower automated decision-making technology (ADMT) law. From January 1, 2027, developers must give deployers technical documentation (intended uses, training data categories, limitations) and deployers must notify consumers at the point of interaction, explain ADMT's role within 30 days after an adverse outcome, and offer data correction and meaningful human review. Impact-assessment and risk-management-program mandates were dropped; 3-year record retention remains.Next: Jan 1, 2027 ADMT obligations apply · in 2 months
Questions about Texas TDPSA
What are the Texas TDPSA compliance deadlines?
Jul 1, 2024: TDPSA takes effect. Jan 1, 2025: Universal opt-out mechanism requirement applies.
When does Texas TDPSA take effect?
Texas TDPSA took effect on Jul 1, 2024.
Who does Texas TDPSA apply to?
Persons conducting business in Texas or producing products/services consumed by Texas residents that process or sell personal data and are not a small business as defined by the U.S. Small Business Administration (no consumer-count threshold). Small businesses may not sell sensitive data without consent. Exempts state agencies, GLBA financial institutions, HIPAA entities, nonprofits, higher education, utilities.
What are the penalties under Texas TDPSA?
Civil penalty up to $7,500 per violation, plus injunctive relief and AG fees/expenses. Mandatory 30-day notice-and-cure period before any action; it does not sunset. No private right of action.