Law / United States / 
Texas
Texas Genomic Act: location, access, security and bankruptcy-transfer limits on genome sequencing data of Texas residents
Tex. Health & Safety Code secs. 174.006, 174.007
In force since .
A cross border transfer rule binding public and private bodies.
- Obligation class
- Transfer, Security, Prohibition
- Audit expectation
- none
As of .
What it requires
- If you are a medical facility, research facility, company or nonprofit organization that conducts research on or testing of genome sequencing or the human genome in Texas, do not store any genome sequencing data of a Texas resident at a location within the borders of a country that is a foreign adversary (Tex. Health & Safety Code sec. 174.007(a)).
- Ensure the security of the genome sequencing data of Texas residents you store, including data stored through a third-party storage contract, using reasonable encryption methods, restriction on access and other cybersecurity best practices (Tex. Health & Safety Code sec. 174.007(b)).
- Ensure genome sequencing data of Texas residents, other than open data, is inaccessible to any person located within the borders of a country that is a foreign adversary; this does not apply to data collected as part of a clinical trial or other biomedical research study subject to, or conducted in accordance with, the federal rule section 174.007(d) cites (Tex. Health & Safety Code sec. 174.007(c), (d)).
- Do not sell or otherwise transfer genomic sequencing data of Texas residents, as part of a bankruptcy proceeding or a chapter 11 plan of reorganization, to a foreign adversary, a state-owned enterprise of a foreign adversary, an organization domiciled in a foreign adversary country, or an owned or controlled subsidiary or affiliate of such an organization (Tex. Health & Safety Code sec. 174.006).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Penalty structure
Tex. Health & Safety Code sec. 174.010: a medical facility, research facility, company or nonprofit organization that violates chapter 174 is liable to this state for a civil penalty of $10,000 for each violation, which the attorney general may bring an action to recover.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Statutory damages
Tex. Health & Safety Code sec. 174.011(a): a resident who is a patient or research subject and who is harmed by the storage or use of the resident's genome sequencing data in violation of chapter 174 may obtain the greater of actual damages or statutory damages in an amount not to exceed $5,000 for each violation, plus court costs and reasonable attorney's fees.
- As of
- Currency
- USD
Who enforces it
Enforcement body
Texas attorney general, who may bring an action to recover the civil penalty (Tex. Health & Safety Code sec. 174.010(b)).
What this law does
A medical facility, research facility, company or nonprofit organization subject to chapter 174 may not sell or otherwise transfer genomic sequencing data of residents of this state as part of a bankruptcy proceeding or a chapter 11 plan of reorganization to a foreign adversary, a state-owned enterprise of a foreign adversary, an organization domiciled in a foreign adversary country, or an owned or controlled subsidiary or affiliate of such an organization.
A covered facility, company or organization may not store any genome sequencing data of a resident of this state at a location within the borders of a country that is a foreign adversary. A covered facility, company or organization that stores genome sequencing data of residents of this state, including through a third-party data storage contract, must ensure its security using reasonable encryption methods, restriction on access and other cybersecurity best practices.
A covered facility, company or organization must ensure genome sequencing data of residents of this state, other than open data, is inaccessible to any person located within the borders of a country that is a foreign adversary.
A resident who is a patient or research subject and who is harmed by the storage or use of the resident's genome sequencing data in violation of chapter 174 may bring an action and obtain the greater of actual damages or statutory damages not to exceed $5,000 for each violation, plus court costs and reasonable attorney's fees.
A medical facility, research facility, company or nonprofit organization that violates chapter 174 is liable to this state for a civil penalty of $10,000 for each violation, which the attorney general may bring an action to recover. Chapter 174 applies to a medical facility, research facility, company or nonprofit organization that conducts research on or testing of genome sequencing or the human genome in this state.
Section 2(b) of the Act that added chapter 174 provides that section 174.006 applies only to a bankruptcy filing that occurs on or after the effective date of the Act. Section 174.007 was added by Acts 2025, 89th Legislature, chapter 368 (House Bill 130), effective .
When LexLint raises it
When your app profile says your app processes biometric data.