By: Huffman S.B. No. 816
(In the Senate - Filed January 16, 2025; February 7, 2025,
read first time and referred to Committee on Criminal Justice;
April 23, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 23, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 816 By: Flores
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 IMMEDIATE LIFE-THREATENING
SITUATION. A provider of an electronic communications service or a
provider of a remote computing service may disclose electronic
customer data to a governmental entity if 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.
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
governmental entity 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.
* * * * *