89R30040 JCG-F     By: Huffman S.B. No. 816     (Harless)     Substitute the following for S.B. No. 816:  No.       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 CERTAIN IMMEDIATE   LIFE-THREATENING SITUATIONS. A provider of an electronic   communications service or a provider of a remote computing service   may disclose electronic customer data to a law enforcement agency   if:                (1)  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; and                (2)  an alert under Subchapter L or M, Chapter 411,   Government Code, has been issued regarding the person who is   threatened with death or exposed to a substantial risk of serious   bodily injury as a result of the immediate life-threatening   situation described by Subdivision (1).          SECTION 3.  Article 18B.552, Code of Criminal Procedure, is   amended to read as follows:          Art. 18B.552.  NO CAUSE OF ACTION.  (a) A subscriber or   customer of a provider of an electronic communications service or a   provider of a remote computing service does not have a cause of   action against a service provider or the service provider's   officers, employees, or agents or against other specified persons   for providing information, facilities, or assistance as required by   a court order, warrant, subpoena, or certification under this   chapter.          (b)  A person does not have a cause of action against a   provider of an electronic communications service or a provider of a   remote computing service or the service provider's officers,   employees, or agents for disclosing electronic customer data to a   law enforcement agency as authorized by Article 18B.5025.          SECTION 4.  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 5.  This Act takes effect September 1, 2025.