Texas Code of Criminal Procedure

§ 18B.357 — WARRANT ISSUED IN THIS STATE: AUTHENTICATION OF RECORDS BY SERVICE PROVIDER

CR § 18B.357Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS · Art. H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED CUSTOMER DATA

Statute text

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If an authorized peace officer serving a warrant under Article 18B.355 also delivers an affidavit form to the provider of an electronic communications service or the provider of a remote computing service responding to the warrant, and the peace officer also notifies the service provider in writing that an executed affidavit is required, the service provider shall verify the authenticity of the customer data, contents of communications, and other information produced in compliance with the warrant by including with the information an affidavit form that:

(1)is completed and sworn to by a person who is a custodian of the information or a person otherwise qualified to attest to the authenticity of the information; and

(2)states that the information was stored in the course of regularly conducted business of the service provider and specifies whether the regular practice of the service provider is to store that information.

Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.