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Texas Code of Criminal Procedure

§ 18B.401 — BACKUP PRESERVATION OF ELECTRONIC CUSTOMER DATA

CR § 18B.401Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS · Art. I. BACKUP PRESERVATION OF ELECTRONIC CUSTOMER DATA

Statute text

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(a)A subpoena or court order under Article 18B.351(b) for disclosure of certain electronic customer data held in electronic storage by a provider of an electronic communications service or a provider of a remote computing service may, for the purpose of preserving the customer data sought by the subpoena or court order, require that service provider to create a copy of that data.
(b)The service provider shall create the copy within a reasonable period as determined by the court issuing the subpoena or court order.
(c)On creating a copy under this article, the service provider shall immediately notify the authorized peace officer who presented the subpoena or court order requesting the copy.
(d)The service provider may not inform the subscriber or customer whose data is being sought that the subpoena or court order has been issued.

Legislative history

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

Source: Texas Code of Criminal Procedure § 18B.401 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.