Tex. Est. Code Section 2001.231
Custodian Compliance and Immunity

(a)

Not later than 60 days after receipt of the information required under Subchapter C, D, E, F, or G, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

(b)

An order under Subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Section 2702.

(c)

A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.

(d)

A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the request.

(e)

This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:

(1)

specifies that an account belongs to the ward or principal;

(2)

specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and

(3)

contains a finding required by a law other than this chapter.

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

Source: Section 2001.231 — Custodian Compliance and Immunity, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm#2001.231 (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

§ 2001.231’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._est._code_section_2001.231

Original Source: Section 2001.231 — Custodian Compliance and Immunity, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm#2001.231 (last accessed May 4, 2024).