Tex. Est. Code § 2001.201 · Subchapter G. DUTY AND AUTHORITY OF FIDUCIARY AND OTHERS REGARDING DIGITAL ASSETS
FIDUCIARY DUTY AND AUTHORITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) except as otherwise provided by Section 2001.051, is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor has or had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including all laws of this state governing unauthorized computer access.
(e) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of applicable computer fraud and unauthorized computer access laws, including all laws of this state governing unauthorized computer access.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm
- Text hash
- sha256 0f7da468a46fe840dffa7c1541fc0cd1867e85df7bd5b9ddc0c4a66f7736b19e
- 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.
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.