Tex. Code Crim. Proc. art. 18B.354 · Subchapter H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED CUSTOMER DATA
WARRANT ISSUED IN THIS STATE: APPLICATION AND ISSUANCE OF WARRANT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On the filing of an application by an authorized peace officer, a district judge may issue a search warrant under this article for electronic customer data held in electronic storage, including the contents of and records and other information related to a wire or electronic communication held in electronic storage, by a provider of an electronic communications service or a provider of a remote computing service described by Article 18B.355(b), regardless of whether the customer data is held at a location in this state or another state. An application made under this subsection must demonstrate probable cause for the issuance of the warrant and must be supported by the oath of the authorized peace officer.
(b) A search warrant may not be issued under this article unless the sworn affidavit required by Article 18.01(b) provides sufficient and substantial facts to establish probable cause that:
(1) a specific offense has been committed; and
(2) the electronic customer data sought:
(A) constitutes evidence of that offense or evidence that a particular person committed that offense; and
(B) is held in electronic storage by the service provider on which the warrant is served under Article 18B.355(c).
(c) Only the electronic customer data described in the sworn affidavit required by Article 18.01(b) may be seized under the warrant.
(d) A warrant issued under this article shall run in the name of "The State of Texas."
(e) Article 18.011 applies to an affidavit presented under Article 18.01(b) for the issuance of a warrant under this article, and the affidavit may be sealed in the manner provided by that article.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18B.htm
- Text hash
- sha256 43bf01b6addb42980b8092e2028c04ff52ae6d27fdea430968f54a217c347c5d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Cited by 7 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 18B.354. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18.07DAYS ALLOWED FOR WARRANT TO RUN.Printed as Article 18B.354
- Tex. Code Crim. Proc. art. 18B.321APPLICABILITY.Printed as Article 18B.354
- Tex. Code Crim. Proc. art. 18B.351GOVERNMENT ACCESS TO ELECTRONIC CUSTOMER DATA.Printed as Article 18B.354
- Tex. Code Crim. Proc. art. 18B.353WARRANT ISSUED IN THIS STATE: APPLICABILITY.Printed as Articles 18B.354-18B.357
- Tex. Code Crim. Proc. art. 18B.355WARRANT ISSUED IN THIS STATE: EXECUTION OF WARRANT.Printed as Article 18B.354
- Tex. Code Crim. Proc. art. 18B.356WARRANT ISSUED IN THIS STATE: COMPLIANCE WITH WARRANT.Printed as Article 18B.354
- Tex. Code Crim. Proc. art. 18B.358WARRANT ISSUED IN ANOTHER STATE.Printed as Article 18B.354(a)
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