Tex. Code Crim. Proc. art. 18B.355 · Subchapter H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED CUSTOMER DATA
WARRANT ISSUED IN THIS STATE: EXECUTION OF WARRANT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Not later than the 11th day after the date of issuance, an authorized peace officer shall execute a warrant issued under Article 18B.354, except that the peace officer shall execute the warrant within a shorter period if the district judge directs a shorter period in the warrant. For purposes of this subsection, a warrant is executed when the warrant is served in the manner described by Subsection (c).
(b) A warrant issued under Article 18B.354 may be served only on a provider of an electronic communications service or a provider of a remote computing service that is a domestic entity or a company or entity otherwise doing business in this state under a contract or a terms of service agreement with a resident of this state, if any part of that contract or agreement is to be performed in this state.
(c) A search warrant issued under Article 18B.354 is served when an authorized peace officer delivers the warrant by hand, by facsimile transmission, or, in a manner allowing proof of delivery, by means of the United States mail or a private delivery service to:
(1) a person specified by Section 5.255, Business Organizations Code;
(2) the secretary of state in the case of a company or entity to which Section 5.251, Business Organizations Code, applies; or
(3) any other person or entity designated to receive the service of process.
(d) The district judge shall hear and decide any motion to quash the warrant not later than the fifth business day after the date the service provider files the motion. The judge may allow the service provider to appear at the hearing by teleconference.
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 2b7426795de4c13febcd5fadadcec044c3e7432478c1bbb5b39db3b352d9ee98
- 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.
Business Organizations Code
Cited by 5 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 18B.355. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18B.321APPLICABILITY.Printed as Articles 18B.355, 18B.356, and 18B.357
- Tex. Code Crim. Proc. art. 18B.323ISSUANCE OF WARRANT.Printed as Article 18B.355(b)
- Tex. Code Crim. Proc. art. 18B.354WARRANT ISSUED IN THIS STATE: APPLICATION AND ISSUANCE OF WARRANT.Printed as Article 18B.355(b) | Article 18B.355(c)
- Tex. Code Crim. Proc. art. 18B.357WARRANT ISSUED IN THIS STATE: AUTHENTICATION OF RECORDS BY SERVICE PROVIDER.Printed as Article 18B.355
- Tex. Code Crim. Proc. art. 18B.358WARRANT ISSUED IN ANOTHER STATE.Printed as Article 18B.355(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.