Art. 18B.401.  BACKUP PRESERVATION OF ELECTRONIC CUSTOMER DATA.  (a)  A subpoena or court order under Article 18B.351(b) for disclosure of certain electronic customer data held in electronic storage by a provider of an electronic communications service or a provider of a remote computing service may, for the purpose of preserving the customer data sought by the subpoena or court order, require that service provider to create a copy of that data.
(b)  The service provider shall create the copy within a reasonable period as determined by the court issuing the subpoena or court order.
(c)  On creating a copy under this article, the service provider shall immediately notify the authorized peace officer who presented the subpoena or court order requesting the copy.
(d)  The service provider may not inform the subscriber or customer whose data is being sought that the subpoena or court order has been issued.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.