Texas 2025 - 89th Regular

Texas Senate Bill SB816 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Huffman S.B. No. 816
	2	+	(In the Senate - Filed January 16, 2025; February 7, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 23, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; April 23, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 816 By: Flores
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to authorizing the disclosure of certain electronic
9	16		customer data by a provider of an electronic communications service
10	17		or a remote computing service in certain immediate life-threatening
11	18		situations.
12	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	20		SECTION 1. Articles 18B.502(a) and (b), Code of Criminal
14	21		Procedure, are amended to read as follows:
15	22		(a) Except as provided by Subsection (c) and Article
16	23		18B.5025, a provider of an electronic communications service may
17	24		not knowingly divulge the contents of a communication that is in
18	25		electronic storage.
19	26		(b) Except as provided by Subsection (c) and Article
20	27		18B.5025, a provider of a remote computing service may not
21	28		knowingly divulge the contents of a communication that:
22	29		(1) is in electronic storage on behalf of a subscriber
23	30		or customer of the service provider;
24	31		(2) is received by means of electronic transmission
25	32		from the subscriber or customer or created by means of computer
26	33		processing of communications received by means of electronic
27	34		transmission from the subscriber or customer; and
28	35		(3) is solely for the purpose of providing storage or
29	36		computer processing services to the subscriber or customer, if the
30	37		service provider is not authorized to obtain access to the contents
31	38		of that communication for purposes of providing any service other
32	39		than storage or computer processing.
33	40		SECTION 2. Subchapter K, Chapter 18B, Code of Criminal
34	41		Procedure, is amended by adding Article 18B.5025 to read as
35	42		follows:
36	43		Art. 18B.5025. DISCLOSURE IN IMMEDIATE LIFE-THREATENING
37	44		SITUATION. A provider of an electronic communications service or a
38	45		provider of a remote computing service may disclose electronic
39		-	customer data to a ~~law enforcement agency~~ if the provider in good
40		-	~~faith~~ believes an immediate life-threatening situation exists that
	46	+	customer data to a governmental entity if the provider in good faith
	47	+	believes an immediate life-threatening situation exists that
41	48		requires the immediate disclosure of the electronic customer data
42	49		to assist in preventing any death or serious bodily injury that may
43	50		result from the immediate life-threatening situation.
44	51		SECTION 3. Article 18B.552, Code of Criminal Procedure, is
45	52		amended to read as follows:
46	53		Art. 18B.552. NO CAUSE OF ACTION. (a) A subscriber or
47	54		customer of a provider of an electronic communications service or a
48	55		provider of a remote computing service does not have a cause of
49	56		action against a service provider or the service provider's
50	57		officers, employees, or agents or against other specified persons
51	58		for providing information, facilities, or assistance as required by
52	59		a court order, warrant, subpoena, or certification under this
53	60		chapter.
54	61		(b) A person does not have a cause of action against a
55	62		provider of an electronic communications service or a provider of a
56	63		remote computing service or the service provider's officers,
57	64		employees, or agents for disclosing electronic customer data to a
58		-	~~law enforcement agency~~ as authorized by Article 18B.5025.
	65	+	governmental entity as authorized by Article 18B.5025.
59	66		SECTION 4. The changes in law made by this Act apply to a
60	67		disclosure of electronic customer data by a provider of an
61	68		electronic communications service or a remote computing service
62	69		made on or after the effective date of this Act.
63	70		SECTION 5. This Act takes effect September 1, 2025.
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