Relating to authorizing the disclosure of certain electronic customer data by a provider of an electronic communications service or a remote computing service in certain immediate life-threatening situations.

89(R) SB 816 - House Committee Report version - Bill Text

89R30040 JCG-F

By: Huffman

S.B. No. 816

(Harless)

Substitute the following for S.B. No. 816:
No.

A BILL TO BE ENTITLED

AN ACT

relating to authorizing the disclosure of certain electronic

customer data by a provider of an electronic communications service

or a remote computing service in certain immediate life-threatening

situations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Articles 18B.502(a) and (b), Code of Criminal

Procedure, are amended to read as follows:

(a) Except as provided by Subsection (c)
and Article

18B.5025
, a provider of an electronic communications service may

not knowingly divulge the contents of a communication that is in

electronic storage.

(b) Except as provided by Subsection (c)
and Article

18B.5025
, a provider of a remote computing service may not

knowingly divulge the contents of a communication that:

(1) is in electronic storage on behalf of a subscriber

or customer of the service provider;

(2) is received by means of electronic transmission

from the subscriber or customer or created by means of computer

processing of communications received by means of electronic

transmission from the subscriber or customer; and

(3) is solely for the purpose of providing storage or

computer processing services to the subscriber or customer, if the

service provider is not authorized to obtain access to the contents

of that communication for purposes of providing any service other

than storage or computer processing.

SECTION 2. Subchapter K, Chapter 18B, Code of Criminal

Procedure, is amended by adding Article 18B.5025 to read as

follows:

Art.

18B.5025.

DISCLOSURE IN CERTAIN IMMEDIATE

LIFE-THREATENING SITUATIONS. A provider of an electronic

communications service or a provider of a remote computing service

may disclose electronic customer data to a law enforcement agency

if:

(1)

the provider in good faith believes an immediate

life-threatening situation exists that requires the immediate

disclosure of the electronic customer data to assist in preventing

any death or serious bodily injury that may result from the

immediate life-threatening situation; and

(2)

an alert under Subchapter L or M, Chapter 411,

Government Code, has been issued regarding the person who is

threatened with death or exposed to a substantial risk of serious

bodily injury as a result of the immediate life-threatening

situation described by Subdivision (1).

SECTION 3. Article 18B.552, Code of Criminal Procedure, is

amended to read as follows:

Art. 18B.552. NO CAUSE OF ACTION.
(a)
A subscriber or

customer of a provider of an electronic communications service or a

provider of a remote computing service does not have a cause of

action against a service provider or the service provider's

officers, employees, or agents or against other specified persons

for providing information, facilities, or assistance as required by

a court order, warrant, subpoena, or certification under this

chapter.

(b)

A person does not have a cause of action against a

provider of an electronic communications service or a provider of a

remote computing service or the service provider's officers,

employees, or agents for disclosing electronic customer data to a

law enforcement agency as authorized by Article 18B.5025.

SECTION 4. The changes in law made by this Act apply to a

disclosure of electronic customer data by a provider of an

electronic communications service or a remote computing service

made on or after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2025.