SECTION 1
What Is Texas SB 2610?
Texas SB 2610 in 60 seconds
SB 2610 added Chapter 542 to the Texas Business & Commerce Code. It took effect on September 1, 2025, and applies only to causes of action that accrue on or after that date. The core rule is in Section 542.003: a person harmed by a 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.”
- Who it covers: a business entity in Texas that “has fewer than 250 employees” and “owns or licenses computerized data that includes sensitive personal information” (Section 542.002).
- What it protects against: exemplary (punitive) damages only. Compensatory damages, Chapter 521 breach-notification duties and regulatory enforcement are unchanged.
- What the program needs: administrative, technical and physical safeguards; conformance to an industry-recognized framework such as NIST CSF, the CIS Controls or ISO/IEC 27000; and the controls for your size. Under 20 employees, that means “simplified requirements, including password policies and appropriate employee cybersecurity training.” From 20 to 99, it means at least CIS Controls Implementation Group 1. From 100 to 249, it means full conformance to a listed framework (Section 542.004).
- HIPAA, GLBA and PCI DSS: if your business is subject to them, the program must also conform to them. They add to the Section 542.004(a) conditions; they do not replace them.
- It is a defense, not a mandate: the business must demonstrate that the program was implemented and maintained at the time of the breach. Section 542.005 says the chapter does not create a private cause of action or change any existing duty.
Sources: SB 2610, enrolled text | Tex. Bus. & Com. Code ch. 542 | SB 2610 bill history (Texas Legislature Online)
Texas Senate Bill 2610 – also known as the Texas Cybersecurity Safe Harbor Act – was signed into law by Governor Greg Abbott on June 20, 2025, and took effect on September 1, 2025. It is one of the most significant cybersecurity laws for small businesses in Texas history.
The law creates a legal safe harbor from punitive damages for Texas businesses that proactively adopt and maintain a recognized cybersecurity framework. In plain terms: if your business is sued after a data breach and you had a compliant cybersecurity program in place before the breach occurred, the court cannot award punitive damages against you.
This “carrot, not stick” approach mirrors successful safe harbor laws in Ohio (2018) and Utah (2021) – both of which saw measurable increases in cybersecurity investment by small businesses after passage.
Legislative Context
SB 2610 was introduced by Senator César J. Blanco and passed the Texas Senate unanimously on April 30, 2025. It was co-sponsored by Sen. Kelly Hancock and Rep. Giovanni Capriglione, and signed into law on June 20, 2025. Texas has since applied the same safe-harbor logic to artificial intelligence — see our guide to the Texas Responsible AI Governance Act (TRAIGA).