BUSINESS AND COMMERCE CODE

TITLE 11.  PERSONAL IDENTITY INFORMATION

SUBTITLE A.  IDENTIFYING INFORMATION

CHAPTER 504.  PROHIBITED USE OF CRIME VICTIM OR MOTOR VEHICLE COLLISION INFORMATION

Sec. 504.001.  DEFINITIONS.  In this chapter:
(1)  "Crime victim information" means information that:
(A)  is collected or prepared by a law enforcement agency; and
(B)  identifies or serves to identify a person who, according to a record of the agency, may have been the victim of a crime in which:
(i)  physical injury to the person occurred or was attempted; or
(ii)  the offender entered or attempted to enter the dwelling of the person.
(2)  "Motor vehicle collision information" means information that:
(A)  is collected or prepared by a law enforcement agency; and
(B)  identifies or serves to identify a person who, according to a record of the agency, may have been involved in a motor vehicle collision.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 110, eff. September 1, 2023.

Sec. 504.002.  PROHIBITION ON USE FOR SOLICITATION OR SALE OF INFORMATION.  (a)  A person who possesses crime victim or motor vehicle collision information that the person obtained or knows was obtained from a law enforcement agency may not:
(1)  use the information to contact directly any of the following persons for the purpose of soliciting business from the person:
(A)  a crime victim;
(B)  a person who was involved in a motor vehicle collision; or
(C)  a member of the family of a person described by Paragraph (A) or (B); or
(2)  sell the information to another person for financial gain.
(b)  The attorney general may bring an action against a person who violates Subsection (a) pursuant to Section 17.47.
(c)  A person commits an offense if the person violates Subsection (a).  An offense under this subsection is a Class C misdemeanor unless the defendant has been previously convicted under this section three or more times, in which event the offense is a felony of the third degree.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 111, eff. September 1, 2023.