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Texas Code of Criminal Procedure

Texas Criminal Procedure

You are here: Home / Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE

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 online service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online service provider shall:

(1) fully comply with the subpoena, warrant, or order; or

(2) petition a court to excuse the online 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 online service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the online 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 (S.B. 6), Sec. 2, eff. September 1, 2007.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 69 (S.B. 1203), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 10, eff. September 1, 2017

 

ART. 24A.001. | ART. 24A.0015. |   ART. 24A.003. | ART. 24A.051.

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