Texas Statutes
Subchapter C. Procedures for Disclosure of Digital Assets of Deceased User
Section 2001.101. Disclosure of Content of Electronic Communications of Deceased User

Sec. 2001.101. DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER. (a) If a deceased user consented to or a court directs disclosure of the content of an electronic communication of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order; and
(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of an electronic communication if the user consented to the disclosure.
(b) In addition to the items required to be given to the custodian under Subsection (a), the personal representative shall provide the following if requested by the custodian:
(1) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the deceased user's account;
(2) evidence linking the account to the user; or
(3) a finding by the court that:
(A) the deceased user had a specific account with the custodian, identifiable by the information specified in Subdivision (1);
(B) disclosure of the content of an electronic communication of the user would not violate 18 U.S.C. Section 2701 et seq., 47 U.S.C. Section 222, or other applicable law;
(C) unless the user provided direction using an online tool, the user consented to disclosure of the content of an electronic communication; or
(D) disclosure of the content of an electronic communication of the user is reasonably necessary for administration of the estate.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.

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