Harless Bill Lets Providers Share Customer Data Without A Warrant

The text as introduced · 366 words

89R7698 JCG-F

By: Harless
H.B. No. 2177

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. 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 4. This Act takes effect September 1, 2025.