Capture or Use of Biometric Identifier Act
Texas Capture or Use of Biometric Identifier Act
Data last verified: March 23, 2026
- Effective Date
- September 1, 2009
- Enforcement Date
- Not specified in statute
Summary
Texas Capture or Use of Biometric Identifier Act requires consent before capturing biometric identifiers for commercial purposes and mandates reasonable care in storage with destruction within one year of purpose expiration. AG exclusive enforcement at up to $25,000 per violation with no private right of action.
Who It Applies To
Not specified in statute
Penalties
- Penalty Range
- $0 – $25,000per violation
- Cure Period
- Not specified in statute
- Private Right of Action
- No private right of action
- Enforcement Body
- Texas Attorney General
- Notes
- AG exclusive enforcement. No private right of action (unlike IL BIPA). Applies to commercial collection only — law enforcement exempt.
Requirements (2)
- Consent§ 503.001(b)
This law requires a person to obtain written consent before capturing a biometric identifier for a commercial purpose.
- Record-Keeping§ 503.001(c), (c-1), (c-2)
This law requires a person in possession of a biometric identifier to store, transmit, and protect it using reasonable care and in a manner consistent with industry best practices.
Claire tracks 31 state and local AI laws across 23 US states. No prescriptive federal AI compliance statutes have been enacted. EU AI Act and sector-specific regulations are not covered.
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