Texas 2017 - 85th Regular

Texas Senate Bill SB1193 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin S.B. No. 1193
2		-	(Parker)
	1	+	S.B. No. 1193
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the adoption of the Texas Revised Uniform Fiduciary
8	6		Access to Digital Assets Act.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. The Estates Code is amended by adding Title 4 to
11	9		read as follows:
12	10		TITLE 4. DIGITAL ASSETS
13	11		CHAPTER 2001. TEXAS REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL
14	12		ASSETS ACT
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Sec. 2001.001. SHORT TITLE. This chapter may be cited as
17	15		the Texas Revised Uniform Fiduciary Access to Digital Assets Act.
18	16		Sec. 2001.002. DEFINITIONS. In this chapter:
19	17		(1) "Account" means an arrangement under a
20	18		terms-of-service agreement in which a custodian carries,
21	19		maintains, processes, receives, or stores a digital asset of the
22	20		user or provides goods or services to the user.
23	21		(2) "Agent" means an attorney in fact granted
24	22		authority to act for a principal under a durable or other power of
25	23		attorney. The term does not include an agent under a medical power
26	24		of attorney.
27	25		(3) "Carries" means to engage in the transmission of
28	26		an electronic communication.
29	27		(4) "Catalog of electronic communications" means
30	28		information that identifies each person with whom a user has had an
31	29		electronic communication, the time and date of the communication,
32	30		and the electronic address of the person.
33	31		(5) "Content of an electronic communication" means
34	32		information concerning the substance or meaning of an electronic
35	33		communication that:
36	34		(A) has been sent, uploaded, received, or
37	35		downloaded by a user;
38	36		(B) is in electronic storage by a custodian
39	37		providing an electronic communication service to the public or is
40	38		carried or maintained by a custodian providing a remote computing
41	39		service to the public; and
42	40		(C) is not readily accessible to the public.
43	41		(6) "Custodian" means a person that carries,
44	42		maintains, processes, receives, or stores a digital asset of a
45	43		user.
46	44		(7) "Designated recipient" means a person chosen by a
47	45		user using an online tool to administer digital assets of the user.
48	46		(8) "Digital asset" means an electronic record in
49	47		which an individual has a right or interest. The term does not
50	48		include an underlying asset or liability unless the asset or
51	49		liability is itself an electronic record.
52	50		(9) "Electronic" means relating to technology having
53	51		electrical, digital, magnetic, wireless, optical, electromagnetic,
54	52		or similar capabilities.
55	53		(10) "Electronic communication" has the meaning
56	54		assigned by 18 U.S.C. Section 2510(12), as it existed on January 1,
57	55		2017.
58	56		(11) "Electronic communication service" means a
59	57		custodian that provides to a user the ability to send or receive an
60	58		electronic communication.
61	59		(12) "Fiduciary" means an original, additional, or
62	60		successor personal representative, guardian, agent, or trustee.
63	61		(13) "Guardian" has the meaning assigned by Section
64	62		1002.012, except that the term does not include a guardian of the
65	63		person of a ward.
66	64		(14) "Information" means data, text, images, videos,
67	65		sounds, codes, computer programs, software, databases, or the like.
68	66		(15) "Online tool" means an electronic service
69	67		provided by a custodian that allows the user, in an agreement
70	68		distinct from the terms-of-service agreement between the custodian
71	69		and user, to provide directions for disclosure or nondisclosure of
72	70		digital assets to a third person.
73	71		(16) "Person" has the meaning assigned by Section
74	72		311.005, Government Code.
75	73		(17) "Personal representative," notwithstanding
76	74		Section 22.031, means:
77	75		(A) an executor or independent executor;
78	76		(B) an administrator, independent administrator,
79	77		or temporary administrator;
80	78		(C) a successor to an executor or administrator
81	79		listed in Paragraph (A) or (B); or
82	80		(D) a person who performs functions
83	81		substantially similar to those performed by the persons listed in
84	82		Paragraph (A), (B), or (C) under the laws of this state, other than
85	83		this chapter.
86	84		(18) "Power of attorney" means a record that grants an
87	85		agent authority to act in the place of a principal with regard to
88	86		property matters, including a durable power of attorney as provided
89	87		by Subtitle P, Title 2. The term does not include a medical power of
90	88		attorney.
91	89		(19) "Principal" means an individual who grants
92	90		authority to an agent in a power of attorney.
93	91		(20) "Record" means information that is inscribed on a
94	92		tangible medium or that is stored in an electronic or other medium
95	93		and is retrievable in perceivable form.
96	94		(21) "Remote computing service" means a custodian that
97	95		provides to a user computer processing services or the storage of
98	96		digital assets by means of an electronic communications system, as
99	97		defined by 18 U.S.C. Section 2510(14), as it existed on January 1,
100	98		2017.
101	99		(22) "Terms-of-service agreement" means an agreement
102	100		that controls the relationship between a user and a custodian.
103	101		(23) "Trustee" has the meaning assigned by Section
104	102		111.004, Property Code.
105	103		(24) "User" means a person who has an account with a
106	104		custodian.
107	105		Sec. 2001.003. APPLICABILITY. (a) This chapter applies to
108	106		a custodian if the user resides in this state or resided in this
109	107		state at the time of the user's death.
110	108		(b) This chapter does not apply to a digital asset of an
111	109		employer used by an employee in the ordinary course of the
112	110		employer's business.
113	111		Sec. 2001.004. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
114	112		In applying and construing this chapter, consideration must be
115	113		given to the need to promote uniformity of the law, with respect to
116	114		the subject matter of this chapter, among states that enact a law
117	115		based on the uniform act on which this chapter is based.
118	116		Sec. 2001.005. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
119	117		AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
120	118		supersedes the federal Electronic Signatures in Global and National
121	119		Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
122	120		limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
123	121		7001(c)) or authorize electronic delivery of any of the notices
124	122		described in Section 103(b) of that Act (15 U.S.C. Section
125	123		7003(b)).
126	124		SUBCHAPTER B. GENERAL PROCEDURES FOR ACCESS TO DIGITAL ASSETS
127	125		Sec. 2001.051. USER DIRECTION FOR DISCLOSURE OF DIGITAL
128	126		ASSETS. (a) A user may use an online tool to direct the custodian
129	127		to disclose or not to disclose to a designated recipient some or all
130	128		of the user's digital assets, including the content of an
131	129		electronic communication. If the online tool allows the user to
132	130		modify or delete a direction at all times, a direction regarding
133	131		disclosure using an online tool overrides a contrary direction by
134	132		the user in a will, trust, power of attorney, or other record.
135	133		(b) If a user has not used an online tool to give direction
136	134		under Subsection (a) or if the custodian has not provided an online
137	135		tool, the user may allow or prohibit disclosure to a fiduciary of
138	136		some or all of the user's digital assets, including the content of
139	137		an electronic communication sent or received by the user, in a will,
140	138		trust, power of attorney, or other record.
141	139		(c) A user's direction under Subsection (a) or (b) overrides
142	140		a contrary provision in a terms-of-service agreement that does not
143	141		require the user to act affirmatively and distinctly from the
144	142		user's assent to the terms of service.
145	143		Sec. 2001.052. TERMS-OF-SERVICE AGREEMENT. (a) This
146	144		chapter does not change or impair a right of a custodian or a user
147	145		under a terms-of-service agreement to access and use digital assets
148	146		of the user.
149	147		(b) This chapter does not give a fiduciary or designated
150	148		recipient any new or expanded rights other than those held by the
151	149		user for whom, or for whose estate or trust, the fiduciary or
152	150		designated recipient acts or represents.
153	151		(c) A fiduciary's or designated recipient's access to
154	152		digital assets may be modified or eliminated by a user, by federal
155	153		law, or by a terms-of-service agreement if the user has not provided
156	154		direction under Section 2001.051.
157	155		Sec. 2001.053. PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
158	156		(a) When disclosing digital assets of a user under this chapter,
159	157		the custodian may, at the custodian's sole discretion:
160	158		(1) grant a fiduciary or designated recipient full
161	159		access to the user's account;
162	160		(2) grant a fiduciary or designated recipient partial
163	161		access to the user's account sufficient to perform the tasks with
164	162		which the fiduciary or designated recipient is charged; or
165	163		(3) provide a fiduciary or designated recipient a copy
166	164		in a record of any digital asset that, on the date the custodian
167	165		received the request for disclosure, the user could have accessed
168	166		if the user were alive and had full capacity and access to the
169	167		account.
170	168		(b) A custodian may assess a reasonable administrative
171	169		charge for the cost of disclosing digital assets under this
172	170		chapter.
173	171		(c) A custodian is not required to disclose under this
174	172		chapter a digital asset deleted by a user.
175	173		(d) If a user directs or a fiduciary requests a custodian to
176	174		disclose under this chapter some, but not all, of the user's digital
177	175		assets, the custodian is not required to disclose the assets if
178	176		segregation of the assets would impose an undue burden on the
179	177		custodian. If the custodian believes the direction or request
180	178		imposes an undue burden, the custodian or fiduciary may seek an
181	179		order from the court to disclose:
182	180		(1) a subset limited by date of the user's digital
183	181		assets;
184	182		(2) all of the user's digital assets to the fiduciary
185	183		or designated recipient;
186	184		(3) none of the user's digital assets; or
187	185		(4) all of the user's digital assets to the court for
188	186		review in camera.
189	187		SUBCHAPTER C. PROCEDURES FOR DISCLOSURE OF DIGITAL ASSETS OF
190	188		DECEASED USER
191	189		Sec. 2001.101. DISCLOSURE OF CONTENT OF ELECTRONIC
192	190		COMMUNICATIONS OF DECEASED USER. (a) If a deceased user consented
193	191		to or a court directs disclosure of the content of an electronic
194	192		communication of the user, the custodian shall disclose to the
195	193		personal representative of the estate of the user the content of an
196	194		electronic communication sent or received by the user if the
197	195		representative gives the custodian:
198	196		(1) a written request for disclosure in physical or
199	197		electronic form;
200	198		(2) a certified copy of the death certificate of the
201	199		user;
202	200		(3) a certified copy of letters testamentary or of
203	201		administration, a small estate affidavit filed under Section
204	202		205.001, or other court order; and
205	203		(4) unless the user provided direction using an online
206	204		tool, a copy of the user's will, trust, power of attorney, or other
207	205		record evidencing the user's consent to disclosure of the content
208	206		of an electronic communication if the user consented to the
209	207		disclosure.
210	208		(b) In addition to the items required to be given to the
211	209		custodian under Subsection (a), the personal representative shall
212	210		provide the following if requested by the custodian:
213	211		(1) a number, user name, address, or other unique
214	212		subscriber or account identifier assigned by the custodian to
215	213		identify the deceased user's account;
216	214		(2) evidence linking the account to the user; or
217	215		(3) a finding by the court that:
218	216		(A) the deceased user had a specific account with
219	217		the custodian, identifiable by the information specified in
220	218		Subdivision (1);
221	219		(B) disclosure of the content of an electronic
222	220		communication of the user would not violate 18 U.S.C. Section 2701
223	221		et seq., 47 U.S.C. Section 222, or other applicable law;
224	222		(C) unless the user provided direction using an
225	223		online tool, the user consented to disclosure of the content of an
226	224		electronic communication; or
227	225		(D) disclosure of the content of an electronic
228	226		communication of the user is reasonably necessary for
229	227		administration of the estate.
230	228		Sec. 2001.102. DISCLOSURE OF OTHER DIGITAL ASSETS OF
231	229		DECEASED USER. (a) Unless the deceased user prohibited disclosure
232	230		of digital assets or the court directs otherwise, a custodian shall
233	231		disclose to the personal representative of the estate of a deceased
234	232		user a catalog of electronic communications sent or received by the
235	233		user and digital assets, other than the content of an electronic
236	234		communication, of the user if the representative gives the
237	235		custodian:
238	236		(1) a written request for disclosure in physical or
239	237		electronic form;
240	238		(2) a certified copy of the death certificate of the
241	239		user; and
242	240		(3) a certified copy of letters testamentary or of
243	241		administration, a small estate affidavit filed under Section
244	242		205.001, or other court order.
245	243		(b) In addition to the items required to be given to the
246	244		custodian under Subsection (a), the personal representative shall
247	245		provide the following if requested by the custodian:
248	246		(1) a number, user name, address, or other unique
249	247		subscriber or account identifier assigned by the custodian to
250	248		identify the deceased user's account;
251	249		(2) evidence linking the account to the user;
252	250		(3) an affidavit stating that disclosure of the user's
253	251		digital assets is reasonably necessary for administration of the
254	252		estate; or
255	253		(4) a finding by the court that:
256	254		(A) the deceased user had a specific account with
257	255		the custodian, identifiable by the information specified in
258	256		Subdivision (1); or
259	257		(B) disclosure of the user's digital assets is
260	258		reasonably necessary for administration of the estate.
261	259		SUBCHAPTER D. PROCEDURES FOR DISCLOSURE OF DIGITAL ASSETS OF
262	260		PRINCIPAL
263	261		Sec. 2001.131. DISCLOSURE OF CONTENT OF ELECTRONIC
264	262		COMMUNICATIONS OF PRINCIPAL. (a) To the extent a power of
265	263		attorney expressly grants an agent authority over the content of an
266	264		electronic communication sent or received by the principal and
267	265		unless directed otherwise by the principal or the court, a
268	266		custodian shall disclose to the agent the content of an electronic
269	267		communication if the agent gives the custodian:
270	268		(1) a written request for disclosure in physical or
271	269		electronic form;
272	270		(2) an original or copy of the power of attorney
273	271		expressly granting the agent authority over the content of an
274	272		electronic communication of the principal; and
275	273		(3) a certification by the agent, under penalty of
276	274		perjury, that the power of attorney is in effect.
277	275		(b) In addition to the items required to be given to the
278	276		custodian under Subsection (a), the agent shall provide the
279	277		following if requested by the custodian:
280	278		(1) a number, user name, address, or other unique
281	279		subscriber or account identifier assigned by the custodian to
282	280		identify the principal's account; or
283	281		(2) evidence linking the account to the principal.
284	282		Sec. 2001.132. DISCLOSURE OF OTHER DIGITAL ASSETS OF
285	283		PRINCIPAL. (a) Unless otherwise ordered by the court, directed by
286	284		the principal, or provided by a power of attorney, a custodian shall
287	285		disclose to an agent with specific authority over digital assets or
288	286		general authority to act on behalf of a principal a catalog of
289	287		electronic communications sent or received by the principal and
290	288		digital assets of the principal, other than the content of an
291	289		electronic communication, if the agent gives the custodian:
292	290		(1) a written request for disclosure in physical or
293	291		electronic form;
294	292		(2) an original or copy of the power of attorney that
295	293		gives the agent specific authority over digital assets or general
296	294		authority to act on behalf of the principal; and
297	295		(3) a certification by the agent, under penalty of
298	296		perjury, that the power of attorney is in effect.
299	297		(b) In addition to the items required to be given to the
300	298		custodian under Subsection (a), the agent shall provide the
301	299		following if requested by the custodian:
302	300		(1) a number, user name, address, or other unique
303	301		subscriber or account identifier assigned by the custodian to
304	302		identify the principal's account; or
305	303		(2) evidence linking the account to the principal.
306	304		SUBCHAPTER E. DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST
307	305		Sec. 2001.151. DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST
308	306		WHEN TRUSTEE IS ORIGINAL USER. Unless otherwise ordered by the
309	307		court or provided in a trust, a custodian shall disclose to a
310	308		trustee that is an original user of an account any digital asset of
311	309		the account held in trust, including a catalog of electronic
312	310		communications of the trustee and the content of an electronic
313	311		communication.
314	312		Sec. 2001.152. DISCLOSURE OF CONTENT OF ELECTRONIC
315	313		COMMUNICATIONS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USER.
316	314		(a) Unless otherwise ordered by the court, directed by the user,
317	315		or provided in a trust, a custodian shall disclose to a trustee that
318	316		is not an original user of an account the content of an electronic
319	317		communication sent or received by an original or successor user and
320	318		carried, maintained, processed, received, or stored by the
321	319		custodian in the account of the trust if the trustee gives the
322	320		custodian:
323	321		(1) a written request for disclosure in physical or
324	322		electronic form;
325	323		(2) a certified copy of the trust instrument or a
326	324		certification of trust under Section 114.086, Property Code, that
327	325		includes consent to disclosure of the content of an electronic
328	326		communication to the trustee; and
329	327		(3) a certification by the trustee, under penalty of
330	328		perjury, that the trust exists and the trustee is a currently acting
331	329		trustee of the trust.
332	330		(b) In addition to the items required to be given to the
333	331		custodian under Subsection (a), the trustee shall provide the
334	332		following if requested by the custodian:
335	333		(1) a number, user name, address, or other unique
336	334		subscriber or account identifier assigned by the custodian to
337	335		identify the trust's account; or
338	336		(2) evidence linking the account to the trust.
339	337		Sec. 2001.153. DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN
340	338		TRUST WHEN TRUSTEE IS NOT ORIGINAL USER. (a) Unless otherwise
341	339		ordered by the court, directed by the user, or provided in a trust,
342	340		a custodian shall disclose to a trustee that is not an original user
343	341		of an account a catalog of electronic communications sent or
344	342		received by an original or successor user and stored, carried, or
345	343		maintained by the custodian in an account of the trust and any
346	344		digital assets in which the trust has a right or interest, other
347	345		than the content of an electronic communication, if the trustee
348	346		gives the custodian:
349	347		(1) a written request for disclosure in physical or
350	348		electronic form;
351	349		(2) a certified copy of the trust instrument or a
352	350		certification of trust under Section 114.086, Property Code; and
353	351		(3) a certification by the trustee, under penalty of
354	352		perjury, that the trust exists and the trustee is a currently acting
355	353		trustee of the trust.
356	354		(b) In addition to the items required to be given to the
357	355		custodian under Subsection (a), the trustee shall provide the
358	356		following if requested by the custodian:
359	357		(1) a number, user name, address, or other unique
360	358		subscriber or account identifier assigned by the custodian to
361	359		identify the trust's account; or
362	360		(2) evidence linking the account to the trust.
363	361		SUBCHAPTER F. DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN
364	362		Sec. 2001.171. DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN.
365	363		(a) After an opportunity for a hearing under Title 3, the court may
366	364		grant the guardian of a ward access to the digital assets of the
367	365		ward.
368	366		(b) Unless otherwise ordered by the court or directed by the
369	367		user, a custodian shall disclose to the guardian of a ward the
370	368		catalog of electronic communications sent or received by the ward
371	369		and any digital assets in which the ward has a right or interest,
372	370		other than the content of an electronic communication, if the
373	371		guardian gives the custodian:
374	372		(1) a written request for disclosure in physical or
375	373		electronic form; and
376	374		(2) a certified copy of the court order that gives the
377	375		guardian authority over the digital assets of the ward.
378	376		(c) In addition to the items required to be given to the
379	377		custodian under Subsection (b), the guardian shall provide the
380	378		following if requested by the custodian:
381	379		(1) a number, user name, address, or other unique
382	380		subscriber or account identifier assigned by the custodian to
383	381		identify the account of the ward; or
384	382		(2) evidence linking the account to the ward.
385	383		(d) The guardian of a ward may request a custodian of the
386	384		digital assets of the ward to suspend or terminate an account of the
387	385		ward for good cause. A request made under this section must be
388	386		accompanied by a certified copy of the court order giving the
389	387		guardian authority over the ward's digital assets.
390	388		SUBCHAPTER G. DUTY AND AUTHORITY OF FIDUCIARY AND OTHERS REGARDING
391	389		DIGITAL ASSETS
392	390		Sec. 2001.201. FIDUCIARY DUTY AND AUTHORITY. (a) The
393	391		legal duties imposed on a fiduciary charged with managing tangible
394	392		property apply to the management of digital assets, including:
395	393		(1) the duty of care;
396	394		(2) the duty of loyalty; and
397	395		(3) the duty of confidentiality.
398	396		(b) A fiduciary's or designated recipient's authority with
399	397		respect to a digital asset of a user:
400	398		(1) except as otherwise provided by Section 2001.051,
401	399		is subject to the applicable terms of service;
402	400		(2) is subject to other applicable law, including
403	401		copyright law;
404	402		(3) in the case of a fiduciary, is limited by the scope
405	403		of the fiduciary's duties; and
406	404		(4) may not be used to impersonate the user.
407	405		(c) A fiduciary with authority over the property of a
408	406		decedent, ward, principal, or settlor has the right to access any
409	407		digital asset in which the decedent, ward, principal, or settlor
410	408		has or had a right or interest and that is not held by a custodian or
411	409		subject to a terms-of-service agreement.
412	410		(d) A fiduciary acting within the scope of the fiduciary's
413	411		duties is an authorized user of the property of the decedent, ward,
414	412		principal, or settlor for the purpose of applicable computer fraud
415	413		and unauthorized computer access laws, including all laws of this
416	414		state governing unauthorized computer access.
417	415		(e) A fiduciary with authority over the tangible personal
418	416		property of a decedent, ward, principal, or settlor:
419	417		(1) has the right to access the property and any
420	418		digital asset stored in it; and
421	419		(2) is an authorized user for the purpose of
422	420		applicable computer fraud and unauthorized computer access laws,
423	421		including all laws of this state governing unauthorized computer
424	422		access.
425	423		Sec. 2001.202. AUTHORITY TO TERMINATE ACCOUNT. (a) A
426	424		custodian may disclose information in an account to a fiduciary of
427	425		the user when the information is required to terminate an account
428	426		used to access digital assets licensed to the user.
429	427		(b) A fiduciary of a user may request a custodian to
430	428		terminate the user's account. A request for termination must be in
431	429		writing, in physical or electronic form, and accompanied by:
432	430		(1) if the user is deceased, a certified copy of the
433	431		death certificate of the user; and
434	432		(2) one of the following giving the fiduciary
435	433		authority over the account:
436	434		(A) a certified copy of letters testamentary or
437	435		of administration, a small estate affidavit filed under Section
438	436		205.001, or other court order;
439	437		(B) a power of attorney; or
440	438		(C) the trust instrument.
441	439		(c) In addition to the items required to accompany a
442	440		termination request under Subsection (b), the fiduciary shall
443	441		provide the following if requested by the custodian:
444	442		(1) a number, user name, address, or other unique
445	443		subscriber or account identifier assigned by the custodian to
446	444		identify the user's account;
447	445		(2) evidence linking the account to the user; or
448	446		(3) a finding by the court that the user had a specific
449	447		account with the custodian, identifiable by the information
450	448		specified in Subdivision (1).
451	449		SUBCHAPTER H. CUSTODIAN COMPLIANCE AND IMMUNITY REGARDING DIGITAL
452	450		ASSETS
453	451		Sec. 2001.231. CUSTODIAN COMPLIANCE AND IMMUNITY. (a) Not
454	452		later than 60 days after receipt of the information required under
455	453		Subchapter C, D, E, F, or G, a custodian shall comply with a request
456	454		under this chapter from a fiduciary or designated recipient to
457	455		disclose digital assets or terminate an account. If the custodian
458	456		fails to comply, the fiduciary or designated recipient may apply to
459	457		the court for an order directing compliance.
460	458		(b) An order under Subsection (a) directing compliance must
461	459		contain a finding that compliance is not in violation of 18 U.S.C.
462	460		Section 2702.
463	461		(c) A custodian may notify the user that a request for
464	462		disclosure or to terminate an account was made under this chapter.
465	463		(d) A custodian may deny a request under this chapter from a
466	464		fiduciary or designated recipient for disclosure of digital assets
467	465		or to terminate an account if the custodian is aware of any lawful
468	466		access to the account following the receipt of the request.
469	467		(e) This chapter does not limit a custodian's ability to
470	468		obtain or require a fiduciary or designated recipient requesting
471	469		disclosure or termination under this chapter to obtain a court
472	470		order that:
473	471		(1) specifies that an account belongs to the ward or
474	472		principal;
475	473		(2) specifies that there is sufficient consent from
476	474		the ward or principal to support the requested disclosure; and
477	475		(3) contains a finding required by a law other than
478	476		this chapter.
479	477		Sec. 2001.232. IMMUNITY FROM LIABILITY. A custodian and
480	478		the custodian's officers, employees, and agents are immune from
481	479		liability for an act or omission done in good faith in compliance
482	480		with this chapter.
483	481		SECTION 2. Section 752.051, Estates Code, is amended to
484	482		read as follows:
485	483		Sec. 752.051. FORM. The following form is known as a
486	484		"statutory durable power of attorney":
487	485		STATUTORY DURABLE POWER OF ATTORNEY
488	486		NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
489	487		THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
490	488		TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE
491	489		POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT
492	490		AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS
493	491		FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO
494	492		DO SO.
495	493		You should select someone you trust to serve as your agent
496	494		(attorney in fact). Unless you specify otherwise, generally the
497	495		agent's (attorney in fact's) authority will continue until:
498	496		(1) you die or revoke the power of attorney;
499	497		(2) your agent (attorney in fact) resigns or is unable
500	498		to act for you; or
501	499		(3) a guardian is appointed for your estate.
502	500		I, __________ (insert your name and address), appoint
503	501		__________ (insert the name and address of the person appointed) as
504	502		my agent (attorney in fact) to act for me in any lawful way with
505	503		respect to all of the following powers that I have initialed below.
506	504		TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN
507	505		FRONT OF (O) [(N)] AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS
508	506		LISTED IN (A) THROUGH (N) [(M)].
509	507		TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE
510	508		POWER YOU ARE GRANTING.
511	509		TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE
512	510		POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
513	511		____ (A) Real property transactions;
514	512		____ (B) Tangible personal property transactions;
515	513		____ (C) Stock and bond transactions;
516	514		____ (D) Commodity and option transactions;
517	515		____ (E) Banking and other financial institution
518	516		transactions;
519	517		____ (F) Business operating transactions;
520	518		____ (G) Insurance and annuity transactions;
521	519		____ (H) Estate, trust, and other beneficiary transactions;
522	520		____ (I) Claims and litigation;
523	521		____ (J) Personal and family maintenance;
524	522		____ (K) Benefits from social security, Medicare, Medicaid,
525	523		or other governmental programs or civil or military service;
526	524		____ (L) Retirement plan transactions;
527	525		____ (M) Tax matters;
528	526		____ (N) Digital assets and the content of an electronic
529	527		communication;
530	528		____ (O) [(N)] ALL OF THE POWERS LISTED IN (A) THROUGH (N)
531	529		[(M)]. YOU DO NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER
532	530		POWER IF YOU INITIAL LINE (O) [(N)].
533	531		SPECIAL INSTRUCTIONS:
534	532		Special instructions applicable to gifts (initial in front of
535	533		the following sentence to have it apply):
536	534		____ I grant my agent (attorney in fact) the power to apply my
537	535		property to make gifts outright to or for the benefit of a person,
538	536		including by the exercise of a presently exercisable general power
539	537		of appointment held by me, except that the amount of a gift to an
540	538		individual may not exceed the amount of annual exclusions allowed
541	539		from the federal gift tax for the calendar year of the gift.
542	540		ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
543	541		LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
544	542		________________________________________________________________
545	543		________________________________________________________________
546	544		________________________________________________________________
547	545		________________________________________________________________
548	546		________________________________________________________________
549	547		________________________________________________________________
550	548		________________________________________________________________
551	549		________________________________________________________________
552	550		________________________________________________________________
553	551		UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
554	552		EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
555	553		CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
556	554		ALTERNATIVE NOT CHOSEN:
557	555		(A) This power of attorney is not affected by my subsequent
558	556		disability or incapacity.
559	557		(B) This power of attorney becomes effective upon my
560	558		disability or incapacity.
561	559		YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
562	560		IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
563	561		IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
564	562		YOU CHOSE ALTERNATIVE (A).
565	563		If Alternative (B) is chosen and a definition of my
566	564		disability or incapacity is not contained in this power of
567	565		attorney, I shall be considered disabled or incapacitated for
568	566		purposes of this power of attorney if a physician certifies in
569	567		writing at a date later than the date this power of attorney is
570	568		executed that, based on the physician's medical examination of me,
571	569		I am mentally incapable of managing my financial affairs. I
572	570		authorize the physician who examines me for this purpose to
573	571		disclose my physical or mental condition to another person for
574	572		purposes of this power of attorney. A third party who accepts this
575	573		power of attorney is fully protected from any action taken under
576	574		this power of attorney that is based on the determination made by a
577	575		physician of my disability or incapacity.
578	576		I agree that any third party who receives a copy of this
579	577		document may act under it. Revocation of the durable power of
580	578		attorney is not effective as to a third party until the third party
581	579		receives actual notice of the revocation. I agree to indemnify the
582	580		third party for any claims that arise against the third party
583	581		because of reliance on this power of attorney.
584	582		If any agent named by me dies, becomes legally disabled,
585	583		resigns, or refuses to act, I name the following (each to act alone
586	584		and successively, in the order named) as successor(s) to that
587	585		agent: __________.
588	586		Signed this ______ day of __________, _____________
589	587		________________________________
590	588		(your signature)
591	589		State of _______________________
592	590		County of ______________________
593	591		This document was acknowledged before me on ____________(date) by
594	592		________________________
595	593		(name of principal)
596	594		_______________________________
597	595		(signature of notarial officer)
598	596		(Seal, if any, of notary) _______________________________________
599	597		(printed name)
600	598		My commission expires: _____________
601	599		IMPORTANT INFORMATION FOR AGENT (ATTORNEY IN FACT)
602	600		Agent's Duties
603	601		When you accept the authority granted under this power of
604	602		attorney, you establish a "fiduciary" relationship with the
605	603		principal. This is a special legal relationship that imposes on you
606	604		legal duties that continue until you resign or the power of attorney
607	605		is terminated or revoked by the principal or by operation of law. A
608	606		fiduciary duty generally includes the duty to:
609	607		(1) act in good faith;
610	608		(2) do nothing beyond the authority granted in this
611	609		power of attorney;
612	610		(3) act loyally for the principal's benefit;
613	611		(4) avoid conflicts that would impair your ability to
614	612		act in the principal's best interest; and
615	613		(5) disclose your identity as an agent or attorney in
616	614		fact when you act for the principal by writing or printing the name
617	615		of the principal and signing your own name as "agent" or "attorney
618	616		in fact" in the following manner:
619	617		(Principal's Name) by (Your Signature) as Agent (or as
620	618		Attorney in Fact)
621	619		In addition, the Durable Power of Attorney Act (Subtitle P,
622	620		Title 2, Estates Code) requires you to:
623	621		(1) maintain records of each action taken or decision
624	622		made on behalf of the principal;
625	623		(2) maintain all records until delivered to the
626	624		principal, released by the principal, or discharged by a court; and
627	625		(3) if requested by the principal, provide an
628	626		accounting to the principal that, unless otherwise directed by the
629	627		principal or otherwise provided in the Special Instructions, must
630	628		include:
631	629		(A) the property belonging to the principal that
632	630		has come to your knowledge or into your possession;
633	631		(B) each action taken or decision made by you as
634	632		agent or attorney in fact;
635	633		(C) a complete account of receipts,
636	634		disbursements, and other actions of you as agent or attorney in fact
637	635		that includes the source and nature of each receipt, disbursement,
638	636		or action, with receipts of principal and income shown separately;
639	637		(D) a listing of all property over which you have
640	638		exercised control that includes an adequate description of each
641	639		asset and the asset's current value, if known to you;
642	640		(E) the cash balance on hand and the name and
643	641		location of the depository at which the cash balance is kept;
644	642		(F) each known liability;
645	643		(G) any other information and facts known to you
646	644		as necessary for a full and definite understanding of the exact
647	645		condition of the property belonging to the principal; and
648	646		(H) all documentation regarding the principal's
649	647		property.
650	648		Termination of Agent's Authority
651	649		You must stop acting on behalf of the principal if you learn
652	650		of any event that terminates this power of attorney or your
653	651		authority under this power of attorney. An event that terminates
654	652		this power of attorney or your authority to act under this power of
655	653		attorney includes:
656	654		(1) the principal's death;
657	655		(2) the principal's revocation of this power of
658	656		attorney or your authority;
659	657		(3) the occurrence of a termination event stated in
660	658		this power of attorney;
661	659		(4) if you are married to the principal, the
662	660		dissolution of your marriage by court decree of divorce or
663	661		annulment;
664	662		(5) the appointment and qualification of a permanent
665	663		guardian of the principal's estate; or
666	664		(6) if ordered by a court, the suspension of this power
667	665		of attorney on the appointment and qualification of a temporary
668	666		guardian until the date the term of the temporary guardian expires.
669	667		Liability of Agent
670	668		The authority granted to you under this power of attorney is
671	669		specified in the Durable Power of Attorney Act (Subtitle P, Title 2,
672	670		Estates Code). If you violate the Durable Power of Attorney Act or
673	671		act beyond the authority granted, you may be liable for any damages
674	672		caused by the violation or subject to prosecution for
675	673		misapplication of property by a fiduciary under Chapter 32 of the
676	674		Texas Penal Code.
677	675		THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
678	676		THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
679	677		RESPONSIBILITIES OF AN AGENT.
680	678		SECTION 3. Subchapter C, Chapter 752, Estates Code, is
681	679		amended by adding Section 752.1145 to read as follows:
682	680		Sec. 752.1145. DIGITAL ASSET TRANSACTIONS. (a) In this
683	681		section, "digital asset" has the meaning assigned by Section
684	682		2001.002.
685	683		(b) The language conferring authority with respect to
686	684		digital assets in a statutory durable power of attorney empowers
687	685		the attorney in fact or agent, without further reference to a
688	686		specific digital asset, to access digital assets as provided in
689	687		Chapter 2001.
690	688		SECTION 4. Section 752.115, Estates Code, is amended to
691	689		read as follows:
692	690		Sec. 752.115. EXISTING INTERESTS; FOREIGN INTERESTS. The
693	691		powers described by Sections 752.102-752.1145 [752.102-752.114]
694	692		may be exercised equally with respect to an interest the principal
695	693		has at the time the durable power of attorney is executed or
696	694		acquires later, whether or not:
697	695		(1) the property is located in this state; or
698	696		(2) the powers are exercised or the durable power of
699	697		attorney is executed in this state.
700	698		SECTION 5. Section 1151.101, Estates Code, is amended by
701	699		amending Subsection (a) and adding Subsection (c) to read as
702	700		follows:
703	701		(a) Subject to Subsection (b), the guardian of the estate of
704	702		a ward is entitled to:
705	703		(1) possess and manage all property belonging to the
706	704		ward;
707	705		(2) collect all debts, rentals, or claims that are due
708	706		to the ward;
709	707		(3) enforce all obligations in favor of the ward;
710	708		[and]
711	709		(4) bring and defend suits by or against the ward; and
712	710		(5) access the ward's digital assets as provided by
713	711		Chapter 2001.
714	712		(c) In this section, "digital asset" has the meaning
715	713		assigned by Section 2001.002.
716	714		SECTION 6. Subchapter A, Chapter 113, Property Code, is
717	715		amended by adding Section 113.031 to read as follows:
718	716		Sec. 113.031. DIGITAL ASSETS. (a) In this section,
719	717		"digital asset" has the meaning assigned by Section 2001.002,
720	718		Estates Code.
721	719		(b) A trustee may access digital assets as provided by
722	720		Chapter 2001, Estates Code.
723	721		SECTION 7. Chapter 2001, Estates Code, as added by this Act,
724	722		applies to:
725	723		(1) a fiduciary acting under a will or power of
726	724		attorney executed before, on, or after the effective date of this
727	725		Act;
728	726		(2) a personal representative acting for a decedent
729	727		who died before, on, or after the effective date of this Act;
730	728		(3) a guardian appointed to act for a ward in a
731	729		guardianship proceeding commenced before, on, or after the
732	730		effective date of this Act; and
733	731		(4) a trustee acting under a trust created before, on,
734	732		or after the effective date of this Act.
735	733		SECTION 8. This Act takes effect September 1, 2017.
	734	+	______________________________ ______________________________
	735	+	President of the Senate Speaker of the House
	736	+	I hereby certify that S.B. No. 1193 passed the Senate on
	737	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	738	+	______________________________
	739	+	Secretary of the Senate
	740	+	I hereby certify that S.B. No. 1193 passed the House on
	741	+	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
	742	+	present not voting.
	743	+	______________________________
	744	+	Chief Clerk of the House
	745	+	Approved:
	746	+	______________________________
	747	+	Date
	748	+	______________________________
	749	+	Governor