Tex. Est. Code Section 2001.051
User Direction for Disclosure of Digital Assets

(a)

A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the content of an electronic communication. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(b)

If a user has not used an online tool to give direction under Subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user’s digital assets, including the content of an electronic communication sent or received by the user, in a will, trust, power of attorney, or other record.

(c)

A user’s direction under Subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.

Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.

Source: Section 2001.051 — User Direction for Disclosure of Digital Assets, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm#2001.051 (accessed Jun. 5, 2024).

2001.001
Short Title 2001.002
Definitions 2001.003
Applicability 2001.004
Uniformity of Application and Construction 2001.005
Relation to Electronic Signatures in Global and National Commerce Act 2001.051
User Direction for Disclosure of Digital Assets 2001.052
Terms-of-service Agreement 2001.053
Procedure for Disclosing Digital Assets 2001.101
Disclosure of Content of Electronic Communications of Deceased User 2001.102
Disclosure of Other Digital Assets of Deceased User 2001.131
Disclosure of Content of Electronic Communications of Principal 2001.132
Disclosure of Other Digital Assets of Principal 2001.151
Disclosure of Digital Assets Held in Trust When Trustee Is Original User 2001.152
Disclosure of Content of Electronic Communications Held in Trust When Trustee Is Not Original User 2001.153
Disclosure of Other Digital Assets Held in Trust When Trustee Is Not Original User 2001.171
Disclosure of Digital Assets to Guardian 2001.201
Fiduciary Duty and Authority 2001.202
Authority to Terminate Account 2001.231
Custodian Compliance and Immunity 2001.232
Immunity from Liability

Accessed:
Jun. 5, 2024

§ 2001.051’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._est._code_section_2001.051

Original Source: Section 2001.051 — User Direction for Disclosure of Digital Assets, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm#2001.051 (last accessed Jun. 5, 2024).