EdLaw nat/us/state/tx/cubi/README.md

language: en · status: in-force · last checked: 2026-09-07

Texas CUBI — capture or use of biometric identifier

Chapter 503 of the Texas Business & Commerce Code, a single section, is the Texas biometric-privacy statute. A person may not capture a biometric identifier of an individual for a commercial purpose unless the person informs the individual beforehand and receives their consent; a person who possesses such an identifier owes duties of non-disclosure, reasonable care in storage and destruction within a set period. The civil penalty is up to $25,000 per violation, recoverable by the Attorney General — there is no private right of action, which is the sharpest practical difference from Illinois BIPA.

The text in this folder is the version as amended by the Texas Responsible Artificial Intelligence Governance Act (H.B. 149, 89th Legislature, 2025), in force 1 January 2026, which added subsection (b-1) on publicly available media and the artificial-intelligence carve-outs in (e) and (f).

Applicability to EdTech

Contents

Document Covers
BIOMETRIC-IDENTIFIERS.md §503.001 in full (Chapter 503 is this one section)

Key obligations at a glance

Enforcement

Attorney General only, by an action to recover the civil penalty of not more than $25,000 for each violation (§503.001(d)). The statute creates no private right of action and no class mechanism.

Licence

The reproduced text is Tex. Bus. & Com. Code §503.001, enacted by the Texas Legislature and served by the Texas Legislative Council on statutes.capitol.texas.gov. No copyright subsists in this text. In Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (2020), the Supreme Court held: "Under what has been dubbed the government edicts doctrine, officials empowered to speak with the force of law cannot be the authors of—and therefore cannot copyright—the works they create in the course of their official duties." It went on: "judges—and, we now confirm, legislators—may not be considered the 'authors' of the works they produce in the course of their official duties as judges and legislators. That rule applies regardless of whether a given material carries the force of law." (slip opinion, pp. 1 and 5–6, read 2026-10-01.)

The reproduced pages carry no copyright notice or terms of use (checked 2026-10-01 against the live pages or the builder's cached copies).

Public-domain text carries no conditions. The corpus attributes it all the same: the {.meta} provenance line on each section names the publisher, the Sources section links the official text, and the Meta section describes what the builder changed (markup and anchors only). Nothing here suggests that the Texas Legislature endorses the corpus.

Sources