Texas Administrative Code Registration of Data Brokers
1 Texas Administrative Code Chapter 106
TITLE 1 ADMINISTRATION
PART 4 OFFICE OF THE SECRETARY OF STATE
CHAPTER 106 REGISTRATION OF DATA BROKERS
Subchapters
SUBCHAPTER A DEFINITIONS
SUBCHAPTER B REGISTRATION AND RENEWAL OF DATA BROKERS
SUBCHAPTER C STATEMENT OF CORRECTION
SUBCHAPTER D NOTICE REQUIREMENTS
106.1 Definitions
Words and terms defined in Chapter 509 of the Business and Commerce Code shall have the same meaning in this chapter. In addition, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Primary physical address–The physical address at which the relevant individual or entity is available for contact.
(2) Registrant–A data broker who has registered with the secretary and has been issued a registration certificate.
(3) Secretary–The Texas Secretary of State.
Source Note: The provisions of this §106.1 adopted to be effective December 4, 2023, 48 TexReg 7041
106.2 Registration and Renewal of Data Brokers
(a) A complete initial registration statement or renewal application is comprised of:
(1) A completed registration statement or renewal application that is signed by a person authorized to act by or on behalf of the data broker, in the form promulgated by the secretary (See Form 4001); and
(2) Payment of the registration fee or renewal fee stated in Business and Commerce Code §509.005(a) or §509.005(d), as applicable.
(b) A registration statement or renewal application must comply with Business and Commerce Code §509.005, and also provide:
(1) For the individual submitting the registration statement or renewal application:
(A) The individual’s legal name;
(B) The individual’s telephone number;
(C) The individual’s primary physical address;
(D) The individual’s mailing address; and
(E) The individual’s e-mail address.
(2) For all renewals, the renewal application must also:
(A) Specify that the submission is a renewal application related to an existing registration certificate; and
(B) Provide the registration number assigned to the data broker by the secretary.
Source Note: The provisions of this §106.2 adopted to be effective December 4, 2023, 48 TexReg 7041
106.3 Timing of Registration
(a) A registration certificate expires on the first anniversary of its date of issuance by the secretary.
(b) A data broker seeking to renew an existing registration certificate shall file a renewal application within ninety (90) days before the expiration of the registration certificate.
(c) The initial registration of a data broker to which Chapter 509 of the Business and Commerce Code applies must be filed on or before March 1, 2024.
Source Note: The provisions of this §106.3 adopted to be effective December 4, 2023, 48 TexReg 7041
106.4 Corrections
(a) A data broker must submit a statement of correction if, during the year, it becomes known to the registrant that any information given at the time of registration or renewal, as applicable, was inaccurate.
(b) A statement of correction must include the following information:
(1) The legal name of the data broker;
(2) The date of the last filed registration statement or renewal application;
(3) The registration number assigned to the data broker by the secretary; and
(4) A statement that identifies the inaccuracy and provides the corrected information.
(c) The statement of correction must be signed by a person authorized to act by or on behalf of the data broker in the same manner as a registration statement or renewal application.
(d) There is no filing fee for a correction.
Source Note: The provisions of this §106.4 adopted to be effective December 4, 2023, 48 TexReg 7041
106.5 Notice Requirements
A data broker that maintains an Internet website or mobile application shall post a conspicuous notice on the website or mobile application that states:
(1) For websites:
Attached Graphic
Figure: 1 TAC §106.5(1)
THE ENTITY MAINTAINING THIS WEBSITE IS A DATA BROKER UNDER TEXAS LAW. TO CONDUCT BUSINESS IN TEXAS, A DATA BROKER MUST REGISTER WITH THE TEXAS SECRETARY OF STATE (TEXAS SOS). INFORMATION ABOUT DATA BROKER REGISTRANTS IS AVAILABLE ON THE TEXAS SOS WEBSITE.
The entity maintaining this website is a data broker under Texas law. To conduct business in Texas, a data broker must register with the Texas Secretary of State (Texas SOS).
Information about data broker registrants is available on the Texas SOS website.
(2) For mobile applications:
Attached Graphic
Figure: 1 TAC §106.5(2)
THE ENTITY MAINTAINING THIS MOBILE APPLICATION IS A DATA BROKER UNDER TEXAS LAW. TO CONDUCT BUSINESS IN TEXAS, A DATA BROKER MUST REGISTER WITH THE TEXAS SECRETARY OF STATE (TEXAS SOS). INFORMATION ABOUT DATA BROKER REGISTRANTS IS AVAILABLE ON THE TEXAS SOS WEBSITE.
The entity maintaining this mobile application is a data broker under Texas law. To conduct business in Texas, a data broker must register with the Texas Secretary of State (Texas SOS).
Information about data broker registrants is available on the Texas SOS website.
Source Note: The provisions of this §106.5 adopted to be effective December 4, 2023, 48 TexReg 7041
For more information, see here: https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=4&ch=106
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