Tex. Code of Crim. Proc. Article 18B.401
Backup Preservation of Electronic Customer Data

(a)

A subpoena or court order under Article 18B.351 (Government Access to Electronic Customer Data)(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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.

Source: Article 18B.401 — Backup Preservation of Electronic Customer Data, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­18B.­htm#18B.­401 (accessed Jun. 5, 2024).

18B.001
Definitions 18B.051
Requirements Regarding Request for and Filing of Application 18B.052
Jurisdiction 18B.053
Application Requirements 18B.101
Order Authorizing Installation and Use of Pen Register, Esn Reader, or Similar Equipment 18B.102
Order Authorizing Installation and Use of Trap and Trace Device or Similar Equipment 18B.103
Compensation for Carrier or Service Provider 18B.104
Duration of Order 18B.105
Sealing Records of Application and Order 18B.151
Emergency Installation and Use of Pen Register or Trap and Trace Device 18B.152
Order Authorizing Emergency Installation and Use 18B.153
Admissibility of Evidence Obtained 18B.201
Definition 18B.202
Order Authorizing Installation and Use of Mobile Tracking Device 18B.203
Jurisdiction 18B.204
Notification of Judge Following Activation of Mobile Tracking Device 18B.205
Duration of Order 18B.206
Removal of Device 18B.207
Nonapplicability 18B.251
Policy Required 18B.252
Peace Officers Authorized to Possess, Install, Operate, or Monitor Equipment 18B.253
Limitation: Pen Registers 18B.254
Application or Order Not Required for Certain Searches 18B.301
Compliance Audit 18B.302
Report of Expenditures 18B.321
Applicability 18B.322
Warrant Required for Certain Location Information Held in Electronic Storage 18B.323
Issuance of Warrant 18B.324
Duration 18B.325
Emergency Disclosure 18B.326
Certain Evidence Not Admissible 18B.351
Government Access to Electronic Customer Data 18B.352
Court Order for Government Access to Stored Customer Data 18B.353
Warrant Issued in This State: Applicability 18B.354
Warrant Issued in This State: Application and Issuance of Warrant 18B.355
Warrant Issued in This State: Execution of Warrant 18B.356
Warrant Issued in This State: Compliance with Warrant 18B.357
Warrant Issued in This State: Authentication of Records by Service Provider 18B.358
Warrant Issued in Another State 18B.359
Government Access to Certain Stored Customer Data Without Legal Process 18B.401
Backup Preservation of Electronic Customer Data 18B.402
Notice to Subscriber or Customer 18B.403
Release of Copy of Electronic Customer Data 18B.404
Destruction of Copy of Electronic Customer Data 18B.405
Request for Copy of Electronic Customer Data by Authorized Peace Officer 18B.406
Proceedings to Quash Subpoena or Vacate Court Order 18B.451
Subpoena Authority 18B.452
Report of Issuance of Subpoena 18B.453
Compliance with Policy for Installation and Use of Equipment 18B.501
Preclusion of Notification 18B.502
Disclosure by Service Provider Prohibited 18B.503
Reimbursement of Costs 18B.551
Cause of Action 18B.552
No Cause of Action 18B.553
Exclusivity of Remedies
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Accessed:
Jun. 5, 2024

Art. 18B.401’s source at texas​.gov