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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the disclosure of certain electronic |
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customer data by a provider of an electronic communications service |
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or a remote computing service in certain immediate life-threatening |
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situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 18B.502(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (c) and Article |
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18B.5025, a provider of an electronic communications service may |
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not knowingly divulge the contents of a communication that is in |
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electronic storage. |
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(b) Except as provided by Subsection (c) and Article |
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18B.5025, a provider of a remote computing service may not |
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knowingly divulge the contents of a communication that: |
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(1) is in electronic storage on behalf of a subscriber |
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or customer of the service provider; |
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(2) is received by means of electronic transmission |
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from the subscriber or customer or created by means of computer |
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processing of communications received by means of electronic |
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transmission from the subscriber or customer; and |
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(3) is solely for the purpose of providing storage or |
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computer processing services to the subscriber or customer, if the |
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service provider is not authorized to obtain access to the contents |
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of that communication for purposes of providing any service other |
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than storage or computer processing. |
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SECTION 2. Subchapter K, Chapter 18B, Code of Criminal |
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Procedure, is amended by adding Article 18B.5025 to read as |
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follows: |
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Art. 18B.5025. DISCLOSURE IN CERTAIN IMMEDIATE |
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LIFE-THREATENING SITUATIONS. A provider of an electronic |
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communications service or a provider of a remote computing service |
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may disclose electronic customer data to a law enforcement agency |
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if: |
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(1) the provider in good faith believes an immediate |
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life-threatening situation exists that requires the immediate |
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disclosure of the electronic customer data to assist in preventing |
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any death or serious bodily injury that may result from the |
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immediate life-threatening situation; and |
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(2) an alert under Subchapter L or M, Chapter 411, |
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Government Code, has been issued regarding the person who is |
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threatened with death or exposed to a substantial risk of serious |
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bodily injury as a result of the immediate life-threatening |
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situation described by Subdivision (1). |
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SECTION 3. Article 18B.552, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18B.552. NO CAUSE OF ACTION. (a) A subscriber or |
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customer of a provider of an electronic communications service or a |
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provider of a remote computing service does not have a cause of |
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action against a service provider or the service provider's |
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officers, employees, or agents or against other specified persons |
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for providing information, facilities, or assistance as required by |
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a court order, warrant, subpoena, or certification under this |
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chapter. |
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(b) A person does not have a cause of action against a |
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provider of an electronic communications service or a provider of a |
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remote computing service or the service provider's officers, |
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employees, or agents for disclosing electronic customer data to a |
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law enforcement agency as authorized by Article 18B.5025. |
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SECTION 4. The changes in law made by this Act apply to a |
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disclosure of electronic customer data by a provider of an |
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electronic communications service or a remote computing service |
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made on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |