The definition of a “trade secret” under Texas law is seemingly broad, as the governing statute provides a laundry list of examples that may qualify. See Tex. Civ. Prac. & Rem. Code § 134A.002(6).  But despite the seeming breadth of trade secret protection, inclusion on this statutory list does not end the inquiry.

For trade secret protection in Texas, information must satisfy two requirements: (1) “the owner of the trade secret must take reasonable measures under the circumstances to keep the information secret”; and (2) “the information [must derive] independent economic value from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.” See id. (emphasis added). To determine trade secret status, Texas courts apply a six-factor test: