WISP requirements in Texas
Texas has two separate clocks that a WISP incident workflow should track: the 60-day outer limit for affected-individual notice and the 30-day Attorney General report for incidents involving at least 250 Texas residents. A Texas incident file should preserve the determination date, number of Texans notified, OAG report confirmation, and whether the 10,000-person consumer-reporting-agency threshold applies.
Key facts
- Texas firms should keep a written security program tied to the FTC Safeguards Rule and IRS taxpayer-data guidance.
- Consumer notice without unreasonable delay and no later than 60 days after determining the breach occurred; Attorney General notice for 250+ Texans as soon as practicable and no later than 30 days after determining the breach occurred.
- Notify the Texas Attorney General when the breach involves at least 250 Texas residents; the report must use the OAG electronic Data Breach Report.
Key takeaways
- Texas firms should keep a written security program tied to the FTC Safeguards Rule and IRS taxpayer-data guidance.
- Consumer notice without unreasonable delay and no later than 60 days after determining the breach occurred; Attorney General notice for 250+ Texans as soon as practicable and no later than 30 days after determining the breach occurred.
- Notify the Texas Attorney General when the breach involves at least 250 Texas residents; the report must use the OAG electronic Data Breach Report.
- The WISP should preserve evidence, remediation steps, and annual review records.
Do Texas tax preparers need a WISP?
Yes, if they are covered by the FTC Safeguards Rule or IRS tax-data security expectations, they should maintain a written plan. Texas state breach-notice duties make incident planning especially important.
The WISP should start with federal obligations because the Safeguards Rule supplies the security-program structure.
Texas requires Attorney General reporting when a breach affects at least 250 Texas residents; that report must be submitted electronically as soon as practicable and no later than 30 days after determining that the breach occurred.
What is specific to Texas?
Consumer notice without unreasonable delay and no later than 60 days after determining the breach occurred; Attorney General notice for 250+ Texans as soon as practicable and no later than 30 days after determining the breach occurred. The plan should identify who evaluates state notice, who contacts counsel, and where the decision record is kept.
State breach-notification law does not replace the Safeguards Rule. It adds a state-specific response layer when an incident affects Texas residents.
Affected individuals whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
Notify the Texas Attorney General when the breach involves at least 250 Texas residents; the report must use the OAG electronic Data Breach Report.
What should the WISP say?
It should describe real safeguards, assign responsibility, map vendors and systems, and include an incident-response path that reaches state-law review quickly.
For a small firm, the strongest plan is plain and evidence-backed: MFA records, backup tests, access reviews, training, vendor lists, and remediation dates.
The plan should never promise a control that is not actually in place.
| Topic | Texas planning note | Evidence |
|---|---|---|
| Federal WISP | Use 16 CFR Part 314 as the program backbone | WISP and annual review |
| IRS tax data | Account for taxpayer records, PTIN practice, portals, and e-file workflows | System inventory and access list |
| Breach notice | Consumer notice without unreasonable delay and no later than 60 days after determining the breach occurred; Attorney General notice for 250+ Texans as soon as practicable and no later than 30 days after determining the breach occurred. | Incident clock and counsel review record |
| Regulator path | Notify the Texas Attorney General when the breach involves at least 250 Texas residents; the report must use the OAG electronic Data Breach Report. | Notification decision log |
| State statute | Tex. Bus. & Com. Code § 521.053 | Source URL retained in page sources |
FAQ
Is this legal advice?
No. Policywright is a configurable template product, not a law firm and not legal advice. A qualified lawyer should review state-law reliance or breach-notification decisions.
Does a small firm still need a written plan?
Yes. The Safeguards Rule requires a written information security program for covered financial institutions, and IRS guidance tells paid tax preparers to maintain a written data security plan.
What if a control is not in place yet?
A serious WISP should not pretend. It should identify the gap, assign an owner, set a target date, and preserve a dated remediation record.
Does Texas have its own WISP law?
This page does not claim a standalone Texas WISP statute for every firm. It explains how federal WISP duties should be paired with Texas breach-notification planning.
Who reviews Texas breach notice?
The incident plan should route state-law decisions through qualified counsel and preserve any Texas Attorney General regulator-notice analysis.
Sources
- FTC Safeguards Rule, 16 CFR Part 314 (eCFR)
- FTC, Safeguards Rule: What Your Business Needs to Know
- FTC, Safeguards Rule notification requirement now in effect (16 CFR 314.4(j), eff. May 13, 2024)
- IRS Publication 5708, Creating a Written Information Security Plan
- IRS Publication 4557, Safeguarding Taxpayer Data
- IRS Form W-12, PTIN Application and Renewal
- IRS Publication 1345, Handbook for Authorized IRS e-file Providers
- Texas Business & Commerce Code § 521.053
- Texas Attorney General data breach reporting
- Texas Attorney General Identity Theft Enforcement and Protection Act overview
Build a Texas-aware WISP packet.
Policywright generates a source-cited WISP and incident response plan you can review with counsel.
Start the questionnaire