By: Perry  S.B. No. 1203          (In the Senate - Filed March 2, 2017; March 9, 2017, read   first time and referred to Committee on Criminal Justice;   April 10, 2017, reported favorably by the following vote:  Yeas 8,   Nays 0; April 10, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the issuance of subpoenas or certain other court orders   with respect to an online service provider in the investigation or   prosecution of certain criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 24A.001, Code of Criminal Procedure, is   amended to read as follows:          Art. 24A.001.  APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to a subpoena, search warrant, or other court order   that:                (1)  relates to the investigation or prosecution of a   criminal offense under:                      (A)  Section 21.02, 21.11, 22.011, or 22.021,   Penal Code;                      (B)  Chapter 20A, Penal Code;                      (C)  Section 33.021, Penal Code; or                      (D)  Chapter 43, Penal Code; and                (2)  is served on or issued with respect to an online   [Internet] service provider that provides service in this state.          SECTION 2.  Subchapter A, Chapter 24A, Code of Criminal   Procedure, is amended by adding Article 24A.0015 to read as   follows:          Art. 24A.0015.  DEFINITION. In this chapter, "online   service provider" means an Internet service provider, search   engine, web hosting company, web browsing company, manufacturer of   devices providing online application platforms, or company   providing online social media platforms.          SECTION 3.  Articles 24A.002(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  Except as provided by Subsection (b), not later than the   10th day after the date on which an online [Internet] service   provider is served with or otherwise receives a subpoena, search   warrant, or other court order described by Article 24A.001, the   online [Internet] service provider shall:                (1)  fully comply with the subpoena, warrant, or order;   or                (2)  petition a court to excuse the online [Internet]   service provider from complying with the subpoena, warrant, or   order.          (b)  As soon as is practicable, and in no event later than the   second business day after the date the online [Internet] service   provider is served with or otherwise receives a subpoena, search   warrant, or other court order described by Article 24A.001, the   online [Internet] service provider shall fully comply with the   subpoena, search warrant, or order if the subpoena, search warrant,   or order indicates that full compliance is necessary to address a   situation that threatens a person with death or other serious   bodily injury.          SECTION 4.  Article 24A.003, Code of Criminal Procedure, is   amended to read as follows:          Art. 24A.003.  DISOBEYING SUBPOENA, WARRANT, OR ORDER. An   online [Internet] service provider that disobeys a subpoena, search   warrant, or other court order described by Article 24A.001 and that   was not excused from complying with the subpoena, warrant, or order   under Article 24A.002(a)(2) may be punished in any manner provided   by law.          SECTION 5.  Article 24A.051, Code of Criminal Procedure, is   amended to read as follows:          Art. 24A.051.  PRESERVING INFORMATION. (a)  On written   request of a law enforcement agency in this state or a federal law   enforcement agency and pending the issuance of a subpoena or other   court order described by Article 24A.001, an online [Internet]   service provider that provides service in this state shall take all   steps necessary to preserve all records or other potential evidence   in a criminal trial that is in the possession of the online   [Internet] service provider.          (b)  Subject to Subsection (c), an online [Internet] service   provider shall preserve information under Subsection (a) for a   period of 90 days after the date the online [Internet] service   provider receives the written request described by Subsection (a).          (c)  An online [Internet] service provider shall preserve   information under Subsection (a) for the 90-day period immediately   following the 90-day period described by Subsection (b) if the   requesting law enforcement agency in writing requests an extension   of the preservation period.          SECTION 6.  The change in law made by this Act to Chapter   24A, Code of Criminal Procedure, applies only to a subpoena, search   warrant, or other court order issued on or after the effective date   of this Act. A subpoena, search warrant, or other court order   issued before the effective date of this Act is governed by the law   in effect on the date the warrant was issued, and the former law is   continued in effect for that purpose.          SECTION 7.  This Act takes effect September 1, 2017.     * * * * *