Tex. Bus. & Com. Code § 542.003
Notwithstanding any other law, in an action arising from a breach of system security, a person harmed as a result of the breach may not recover exemplary damages from a business entity to which this chapter applies if the entity demonstrates that at the time of the breach the entity implemented and maintained a cybersecurity program in compliance with Section 542.004.
Added by Acts 2025, 89th Leg., R.S., Ch. 1029 (S.B. 2610), Sec. 1, eff. September 1, 2025.