| 1 | 1 | | 89R7698 JCG-F |
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| 2 | 2 | | By: Harless H.B. No. 2177 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to authorizing the disclosure of certain electronic |
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| 10 | 10 | | customer data by a provider of an electronic communications service |
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| 11 | 11 | | or a remote computing service in certain immediate life-threatening |
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| 12 | 12 | | situations. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Articles 18B.502(a) and (b), Code of Criminal |
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| 15 | 15 | | Procedure, are amended to read as follows: |
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| 16 | 16 | | (a) Except as provided by Subsection (c) and Article |
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| 17 | 17 | | 18B.5025, a provider of an electronic communications service may |
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| 18 | 18 | | not knowingly divulge the contents of a communication that is in |
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| 19 | 19 | | electronic storage. |
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| 20 | 20 | | (b) Except as provided by Subsection (c) and Article |
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| 21 | 21 | | 18B.5025, a provider of a remote computing service may not |
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| 22 | 22 | | knowingly divulge the contents of a communication that: |
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| 23 | 23 | | (1) is in electronic storage on behalf of a subscriber |
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| 24 | 24 | | or customer of the service provider; |
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| 25 | 25 | | (2) is received by means of electronic transmission |
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| 26 | 26 | | from the subscriber or customer or created by means of computer |
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| 27 | 27 | | processing of communications received by means of electronic |
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| 28 | 28 | | transmission from the subscriber or customer; and |
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| 29 | 29 | | (3) is solely for the purpose of providing storage or |
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| 30 | 30 | | computer processing services to the subscriber or customer, if the |
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| 31 | 31 | | service provider is not authorized to obtain access to the contents |
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| 32 | 32 | | of that communication for purposes of providing any service other |
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| 33 | 33 | | than storage or computer processing. |
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| 34 | 34 | | SECTION 2. Subchapter K, Chapter 18B, Code of Criminal |
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| 35 | 35 | | Procedure, is amended by adding Article 18B.5025 to read as |
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| 36 | 36 | | follows: |
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| 37 | 37 | | Art. 18B.5025. DISCLOSURE IN IMMEDIATE LIFE-THREATENING |
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| 38 | 38 | | SITUATION. A provider of an electronic communications service or a |
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| 39 | 39 | | provider of a remote computing service may disclose electronic |
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| 40 | 40 | | customer data to a governmental entity if the provider in good faith |
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| 41 | 41 | | believes an immediate life-threatening situation exists that |
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| 42 | 42 | | requires the immediate disclosure of the electronic customer data |
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| 43 | 43 | | to assist in preventing any death or serious bodily injury that may |
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| 44 | 44 | | result from the immediate life-threatening situation. |
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| 45 | 45 | | SECTION 3. The changes in law made by this Act apply to a |
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| 46 | 46 | | disclosure of electronic customer data by a provider of an |
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| 47 | 47 | | electronic communications service or a remote computing service |
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| 48 | 48 | | made on or after the effective date of this Act. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2025. |
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