CODE OF CRIMINAL PROCEDURE
CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT
ORDERS; PRESERVING CERTAIN INFORMATION
SUBCHAPTER A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT
ORDERS
Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to a subpoena, search warrant, or other
court order that:
(1) relates to the investigation or prosecution of a
criminal offense under Section 33.021, Penal Code; and
(2) is served on or issued with respect to an Internet
service provider that provides service in this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff.
September 1, 2007.
Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE.
(a) Except as provided by Subsection (b), not later than the 10th
day after the date on which an Internet service provider is served
with or otherwise receives a subpoena, search warrant, or other
court order described by Article 24A.001, the Internet service
provider shall:
(1) fully comply with the subpoena, warrant, or order;
or
(2) petition a court to excuse the Internet service
provider from complying with the subpoena, warrant, or order.
(b) As soon as is practicable, and in no event later than the
second business day after the date the Internet service provider is
served with or otherwise receives a subpoena, search warrant, or
other court order described by Article 24A.001, the Internet
service provider shall fully comply with the subpoena, search
warrant, or order if the subpoena, search warrant, or order
indicates that full compliance is necessary to address a situation
that threatens a person with death or other serious bodily injury.
(c) For the purposes of Subsection (a)(1), full compliance
with the subpoena, warrant, or order includes:
(1) producing or providing, to the extent permitted
under federal law, all documents or information requested under the
subpoena, warrant, or order; or
(2) providing, to the extent permitted under federal
law, electronic access to all documents or information requested
under the subpoena, warrant, or order.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff.
September 1, 2007.
Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An
Internet service provider that disobeys a subpoena, search warrant,
or other court order described by Article 24A.001 and that was not
excused from complying with the subpoena, warrant, or order under
Article 24A.002(a)(2) may be punished in any manner provided by
law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff.
September 1, 2007.
SUBCHAPTER B. PRESERVING CERTAIN INFORMATION
Art. 24A.051. PRESERVING INFORMATION. (a) On written
request of a law enforcement agency in this state or a federal law
enforcement agency and pending the issuance of a subpoena or other
court order described by Article 24A.001, an Internet service
provider that provides service in this state shall take all steps
necessary to preserve all records or other potential evidence in a
criminal trial that is in the possession of the Internet service
provider.
(b) Subject to Subsection (c), an Internet service provider
shall preserve information under Subsection (a) for a period of 90
days after the date the Internet service provider receives the
written request described by Subsection (a).
(c) An Internet service provider shall preserve information
under Subsection (a) for the 90-day period immediately following
the 90-day period described by Subsection (b) if the requesting law
enforcement agency in writing requests an extension of the
preservation period.
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff.
September 1, 2007.