Yes, scraping public data in Texas is generally permissible under state and federal law, provided certain conditions are met.
Public records accessible under the Texas Public Information Act (TPIA) may be scraped unless restricted by statute or court order. Federal precedents, such as hiQ Labs v. LinkedIn (2019), support scraping publicly available data absent terms-of-service violations or unauthorized access. However, the Texas Legislature’s 2026 session introduced stricter penalties for automated data extraction that circumvents technical barriers, signaling a shift toward enhanced enforcement.
Key Regulations for Scraping Public Data in Texas
- Texas Public Information Act (TPIA, Gov’t Code §552.001 et seq.): Mandates disclosure of government-held records unless exempt (e.g., trade secrets, personal privacy under §552.101). Scraping must not violate access restrictions imposed by custodians.
- Computer Fraud and Abuse Act (CFAA) & Texas Penal Code §33.02: Prohibits accessing systems without authorization or exceeding permitted access. Aggressive scraping that triggers rate limits or IP bans may constitute unauthorized access.
- Local Ordinances & Municipal Policies: Cities like Austin and Dallas impose additional data-sharing protocols for municipal datasets. Violations of local data governance rules (e.g., Dallas Open Data Policy) may trigger municipal penalties or contract termination.
Critical Considerations:
- Terms of Service (ToS): Violating platform ToS (e.g., LinkedIn’s automated access prohibitions) may expose scrapers to tortious interference claims under Texas common law.
- Privacy & Re-identification Risks: Aggregating public data may inadvertently reveal personally identifiable information, violating the Texas Identity Theft Enforcement Act (§521.002).
- 2026 Compliance Shifts: Pending legislation (HB 4512) proposes mandatory registration for commercial scrapers targeting state databases, with annual audits by the Texas Department of Information Resources.
Scrapers should conduct due diligence on data sources, implement rate-limiting, and document compliance with TPIA exemptions to mitigate legal exposure.