Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Penal Code
Section
Related/Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
Title 7: Offense Against Property
Chapter 31: Theft
§ 31.03
Theft
Not Related
Details the elements of the offense
No
§ 32.45
Misapplication of Fiduciary
Property or Property of
Financial Institution
§ 32.46
Securing Execution of
Document by Description
Not Related
Not Related
Title 7: Offense Against Property
Chapter 32: Fraud
Defines terms relevant to the
elements of the offense.
Details the elements of the offense.
Title 8: Offenses Against Public Administration
Chapter 38: Obstructing Governmental Operation
No
No
§ 38.18
Use of Accident Report
Information and Other
Information for Pecuniary
Gain
Related/
Not Contrary
Disclosure by a covered entity is not
contemplated; this sets out a criminal
offense for obtaining and using such
information for pecuniary gain by
direct solicitation of the victim.
No
460