Texas Trade Secrets: What you need to know

Governing Law and Regulations

Texas Public Information Act, Texas Government Code 552

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Confidentiality of information: 30 Texas Administrative Code (TAC) 1.5(d)

Exceptions: 30 TAC 1.5(d)(2)

Hydraulic fracturing: Texas Public Information Act, Texas Government Code (TGC) 552, Texas Natural Resources Code (TNRC) 91.851, and 16 TAC 3.29

Pollution prevention (P2) plans: 30 TAC 335.480

Regulatory Agencies

Texas Commission on Environmental Quality (TCEQ)

Railroad Commission of Texas (RRC) Oil and Gas Division

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. As a general rule, Texas considers certain information submitted to a state agency as a condition of a permit or regulation confidential and protected from disclosure. However, companies may protect certain confidential business information on the grounds that it constitutes a trade secret.

Texas has specific requirements for protecting confidential public records, such as a pollution prevention (P2) plan executive summary and annual report, and the composition of chemicals used in hydraulic fracturing treatments. Hazardous waste generators may request that certain information submitted to the TCEQ before a waste shipment or disposal remain confidential. See the state section GENERATORS for more information.

Some information may never be treated as a trade secret. Most monitoring data and information needed by emergency workers (e.g., firefighters or hazmat teams) regarding chemical inventories will not be entitled to trade secret protection. Contact the specific state agency to which a submission is made in order to determine its current procedure for ...

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State Requirements

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Texas Trade Secrets Resources

Trade Secrets Products

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