Tex. Est. Code Section 2001.153
Disclosure of Other Digital Assets Held in Trust When Trustee Is Not Original User

(a)

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets in which the trust has a right or interest, other than the content of an electronic communication, if the trustee gives the custodian:

(1)

a written request for disclosure in physical or electronic form;

(2)

a certified copy of the trust instrument or a certification of trust under Section 114.086 (Certification of Trust), Property Code; and

(3)

a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.

(b)

In addition to the items required to be given to the custodian under Subsection (a), the trustee 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 trust’s account; or

(2)

evidence linking the account to the trust.

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

Source: Section 2001.153 — Disclosure of Other Digital Assets Held in Trust When Trustee Is Not Original User, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm#2001.153 (accessed May 4, 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:
May 4, 2024

§ 2001.153’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._est._code_section_2001.153

Original Source: Section 2001.153 — Disclosure of Other Digital Assets Held in Trust When Trustee Is Not Original User, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm#2001.153 (last accessed May 4, 2024).