Texas Capture or Use of Biometric Identifier Act (Business and Commerce Code 503.001)
Law. Placed at Texas. Read 30 Sep 2026; 4 provisions cited by the planner.
What does Texas CUBI 503.001 require?
A person may not capture an individual's biometric identifier for a commercial purpose unless the person informs the individual before the capture. Also cited: 503.001(b)(2), obtain the individual's consent before capture; 503.001(c)(3), destroy within a reasonable time, at the latest one year after the purpose expires.
Texas CUBI 503.001(b)(1)Inform the individual before capturing a biometric identifier A person may not capture an individual's biometric identifier for a commercial purpose unless the person informs the individual before the capture.
Texas CUBI 503.001(b)(2)Obtain the individual's consent before capture The person must also receive the individual's consent to capture the biometric identifier before capturing it for a commercial purpose. Under (b-1), added in 2025, the fact that an image or other media containing the individual's biometric identifiers is on the internet or another public source does not mean the individual was informed or consented, unless the individual personally made it public.
Texas CUBI 503.001(c)(3)Destroy within a reasonable time, at the latest one year after the purpose expires The holder must destroy the biometric identifier within a reasonable time, and no later than the first anniversary of the date the purpose for collecting it expires, except where (c-1) applies.
Texas CUBI 503.001(c-2)Employer security identifiers: purpose ends with the employment Where an employer collected a biometric identifier for security purposes, the purpose for (c)(3) is presumed to expire when the employment relationship ends, so the one-year destruction period runs from termination.