reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter B. Scope of Agreement and Agreement Requirements › Section 1357.055. Authorizing and Witnessing of Supported Decision-Making Agreement

Sec. 1357.055.  AUTHORIZING AND WITNESSING OF SUPPORTED DECISION-MAKING AGREEMENT.  (a)  A supported decision-making agreement must be signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public.
(b)  If signed before two witnesses, the attesting witnesses must be at least 14 years of age.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter C. Duty of Certain Persons With Respect to Agreement › Section 1357.101. Reliance on Agreement; Limitation of Liability

Sec. 1357.101.  RELIANCE ON AGREEMENT; LIMITATION OF LIABILITY.  (a)  A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement.
(b)  A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle I - Other Special Proceedings and Substitutes for Guardianship › Chapter 1357 - Supported Decision-Making Agreement Act › Subchapter C. Duty of Certain Persons With Respect to Agreement › Section 1357.102. Reporting of Suspected Abuse, Neglect, or Exploitation

Sec. 1357.102.  REPORTING OF SUSPECTED ABUSE, NEGLECT, OR EXPLOITATION.  If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the adult with a disability is being abused, neglected, or exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation to the Department of Family and Protective Services in accordance with Section 48.051, Human Resources Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 23, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1224 (S.B. 1881), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter A. General Provisions › Section 2001.001. Short Title

Sec. 2001.001.  SHORT TITLE.  This chapter may be cited as the Texas Revised Uniform Fiduciary Access to Digital Assets Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter A. General Provisions › Section 2001.003. Applicability

Sec. 2001.003.  APPLICABILITY.  (a)  This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(b)  This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter A. General Provisions › Section 2001.004. Uniformity of Application and Construction

Sec. 2001.004.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law, with respect to the subject matter of this chapter, among states that enact a law based on the uniform act on which this chapter is based.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter A. General Provisions › Section 2001.005. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 2001.005.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter B. General Procedures for Access to Digital Assets › Section 2001.051. User Direction for Disclosure of Digital Assets

Sec. 2001.051.  USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.  (a)  A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of an electronic communication.  If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b)  If a user has not used an online tool to give direction under Subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user's digital assets, including the content of an electronic communication sent or received by the user, in a will, trust, power of attorney, or other record.
(c)  A user's direction under Subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter B. General Procedures for Access to Digital Assets › Section 2001.052. Terms-of-Service Agreement

Sec. 2001.052.  TERMS-OF-SERVICE AGREEMENT.  (a)  This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b)  This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents.
(c)  A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under Section 2001.051.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter B. General Procedures for Access to Digital Assets › Section 2001.053. Procedure for Disclosing Digital Assets

Sec. 2001.053.  PROCEDURE FOR DISCLOSING DIGITAL ASSETS.  (a)  When disclosing digital assets of a user under this chapter, the custodian may, at the custodian's sole discretion:
(1)  grant a fiduciary or designated recipient full access to the user's account;
(2)  grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3)  provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b)  A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c)  A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(d)  If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian.  If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1)  a subset limited by date of the user's digital assets;
(2)  all of the user's digital assets to the fiduciary or designated recipient;
(3)  none of the user's digital assets; or
(4)  all of the user's digital assets to the court for review in camera.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter C. Procedures for Disclosure of Digital Assets of Deceased User › Section 2001.101. Disclosure of Content of Electronic Communications of Deceased User

Sec. 2001.101.  DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.  (a)  If a deceased user consented to or a court directs disclosure of the content of an electronic communication of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1)  a written request for disclosure in physical or electronic form;
(2)  a certified copy of the death certificate of the user;
(3)  a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order; and
(4)  unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of an electronic communication if the user consented to the disclosure.
(b)  In addition to the items required to be given to the custodian under Subsection (a), the personal representative shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the deceased user's account;
(2)  evidence linking the account to the user; or
(3)  a finding by the court that:
(A)  the deceased user had a specific account with the custodian, identifiable by the information specified in Subdivision (1);
(B)  disclosure of the content of an electronic communication of the user would not violate 18 U.S.C. Section 2701 et seq., 47 U.S.C. Section 222, or other applicable law;
(C)  unless the user provided direction using an online tool, the user consented to disclosure of the content of an electronic communication; or
(D)  disclosure of the content of an electronic communication of the user is reasonably necessary for administration of the estate.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter C. Procedures for Disclosure of Digital Assets of Deceased User › Section 2001.102. Disclosure of Other Digital Assets of Deceased User

Sec. 2001.102.  DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.  (a)  Unless the deceased user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of an electronic communication, of the user if the representative gives the custodian:
(1)  a written request for disclosure in physical or electronic form;
(2)  a certified copy of the death certificate of the user; and
(3)  a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order.
(b)  In addition to the items required to be given to the custodian under Subsection (a), the personal representative shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the deceased user's account;
(2)  evidence linking the account to the user;
(3)  an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(4)  a finding by the court that:
(A)  the deceased user had a specific account with the custodian, identifiable by the information specified in Subdivision (1); or
(B)  disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter D. Procedures for Disclosure of Digital Assets of Principal › Section 2001.131. Disclosure of Content of Electronic Communications of Principal

Sec. 2001.131.  DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.  (a)  To the extent a power of attorney expressly grants an agent authority over the content of an electronic communication sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of an electronic communication if the agent gives the custodian:
(1)  a written request for disclosure in physical or electronic form;
(2)  an original or copy of the power of attorney expressly granting the agent authority over the content of an electronic communication of the principal; and
(3)  a certification by the agent, under penalty of perjury, that the power of attorney is in effect.
(b)  In addition to the items required to be given to the custodian under Subsection (a), the agent shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2)  evidence linking the account to the principal.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter D. Procedures for Disclosure of Digital Assets of Principal › Section 2001.132. Disclosure of Other Digital Assets of Principal

Sec. 2001.132.  DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.  (a)  Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets of the principal, other than the content of an electronic communication, if the agent gives the custodian:
(1)  a written request for disclosure in physical or electronic form;
(2)  an original or copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; and
(3)  a certification by the agent, under penalty of perjury, that the power of attorney is in effect.
(b)  In addition to the items required to be given to the custodian under Subsection (a), the agent shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(2)  evidence linking the account to the principal.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter E. Disclosure of Digital Assets Held in Trust › Section 2001.151. Disclosure of Digital Assets Held in Trust When Trustee Is Original User

Sec. 2001.151.  DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS ORIGINAL USER.  Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of an electronic communication.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter E. Disclosure of Digital Assets Held in Trust › Section 2001.152. Disclosure of Content of Electronic Communications Held in Trust When Trustee Is Not Original User

Sec. 2001.152.  DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USER.  (a)  Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1)  a written request for disclosure in physical or electronic form;
(2)  a certified copy of the trust instrument or a certification of trust under Section 114.086, Property Code, that includes consent to disclosure of the content of an electronic communication to the trustee; and
(3)  a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
(b)  In addition to the items required to be given to the custodian under Subsection (a), the trustee shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2)  evidence linking the account to the trust.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter E. Disclosure of Digital Assets Held in Trust › Section 2001.153. Disclosure of Other Digital Assets Held in Trust When Trustee Is Not Original User

Sec. 2001.153.  DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USER.  (a)  Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets in which the trust has a right or interest, other than the content of an electronic communication, if the trustee gives the custodian:
(1)  a written request for disclosure in physical or electronic form;
(2)  a certified copy of the trust instrument or a certification of trust under Section 114.086, Property Code; and
(3)  a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
(b)  In addition to the items required to be given to the custodian under Subsection (a), the trustee shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(2)  evidence linking the account to the trust.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter F. Disclosure of Digital Assets to Guardian › Section 2001.171. Disclosure of Digital Assets to Guardian

Sec. 2001.171.  DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN.  (a)  After an opportunity for a hearing under Title 3, the court may grant the guardian of a ward access to the digital assets of the ward.
(b)  Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to the guardian of a ward the catalog of electronic communications sent or received by the ward and any digital assets in which the ward has a right or interest, other than the content of an electronic communication, if the guardian gives the custodian:
(1)  a written request for disclosure in physical or electronic form; and
(2)  a certified copy of the court order that gives the guardian authority over the digital assets of the ward.
(c)  In addition to the items required to be given to the custodian under Subsection (b), the guardian shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or
(2)  evidence linking the account to the ward.
(d)  The guardian of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause.  A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward's digital assets.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter G. Duty and Authority of Fiduciary and Others Regarding Digital Assets › Section 2001.201. Fiduciary Duty and Authority

Sec. 2001.201.  FIDUCIARY DUTY AND AUTHORITY.  (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.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter G. Duty and Authority of Fiduciary and Others Regarding Digital Assets › Section 2001.202. Authority to Terminate Account

Sec. 2001.202.  AUTHORITY TO TERMINATE ACCOUNT.  (a)  A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(b)  A fiduciary of a user may request a custodian to terminate the user's account.  A request for termination must be in writing, in physical or electronic form, and accompanied by:
(1)  if the user is deceased, a certified copy of the death certificate of the user; and
(2)  one of the following giving the fiduciary authority over the account:
(A)  a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order;
(B)  a power of attorney; or
(C)  the trust instrument.
(c)  In addition to the items required to accompany a termination request under Subsection (b), the fiduciary shall provide the following if requested by the custodian:
(1)  a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2)  evidence linking the account to the user; or
(3)  a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subdivision (1).
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter H. Custodian Compliance and Immunity Regarding Digital Assets › Section 2001.231. Custodian Compliance and Immunity

Sec. 2001.231.  CUSTODIAN COMPLIANCE AND IMMUNITY.  (a)  Not later than 60 days after receipt of the information required under Subchapter C, D, E, F, or G, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account.  If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b)  An order under Subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Section 2702.
(c)  A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d)  A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the request.
(e)  This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:
(1)  specifies that an account belongs to the ward or principal;
(2)  specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(3)  contains a finding required by a law other than this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 4 - Digital Assets › Chapter 2001 - Texas Revised Uniform Fiduciary Access to Digital Assets Act › Subchapter H. Custodian Compliance and Immunity Regarding Digital Assets › Section 2001.232. Immunity From Liability

Sec. 2001.232.  IMMUNITY FROM LIABILITY.  A custodian and the custodian's officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter A. Definitions › Section 1.001. Applicability of Definitions

Sec. 1.001.  APPLICABILITY OF DEFINITIONS.  (a)  The definitions in this subchapter apply to this title.
(b)  Except as provided by this subchapter, the definitions in Chapter 101 apply to terms used in this title.
(c)  If, in another part of this title, a term defined by this subchapter has a meaning different from the meaning provided by this subchapter, the meaning of that other provision prevails.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter A. Definitions › Section 1.002. Court

Sec. 1.002.  COURT.  "Court" means the district court, juvenile court having the jurisdiction of a district court, or other court expressly given jurisdiction of a suit under this title.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter A. Definitions › Section 1.003. Suit for Dissolution of Marriage

Sec. 1.003.  SUIT FOR DISSOLUTION OF MARRIAGE.  "Suit for dissolution of a marriage" includes a suit for divorce or annulment or to declare a marriage void.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.101. Every Marriage Presumed Valid

Sec. 1.101.  EVERY MARRIAGE PRESUMED VALID.  In order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship.  However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable.  Therefore, every marriage entered into in this state is presumed to be valid unless expressly made void by Chapter 6 or unless expressly made voidable by Chapter 6 and annulled as provided by that chapter.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.102. Most Recent Marriage Presumed Valid

Sec. 1.102.  MOST RECENT MARRIAGE PRESUMED VALID.  When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.103. Persons Married Elsewhere

Sec. 1.103.  PERSONS MARRIED ELSEWHERE.  The law of this state applies to persons married elsewhere who are domiciled in this state.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.104. Capacity of Spouse

Sec. 1.104.  CAPACITY OF SPOUSE.  Except as expressly provided by statute or by the constitution, a person, regardless of age, who has been married in accordance with the law of this state has the capacity and power of an adult, including the capacity to contract.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.105. Joinder in Civil Suits

Sec. 1.105.  JOINDER IN CIVIL SUITS.  (a)  A spouse may sue and be sued without the joinder of the other spouse.
(b)  When claims or liabilities are joint and several, the spouses may be joined under the rules relating to joinder of parties generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.106. Criminal Conversation Not Authorized

Sec. 1.106.  CRIMINAL CONVERSATION NOT AUTHORIZED.  A right of action by one spouse against a third party for criminal conversation is not authorized in this state.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.107. Alienation of Affection Not Authorized

Sec. 1.107.  ALIENATION OF AFFECTION NOT AUTHORIZED.  A right of action by one spouse against a third party for alienation of affection is not authorized in this state.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.108. Promise or Agreement Must Be in Writing

Sec. 1.108.  PROMISE OR AGREEMENT MUST BE IN WRITING.  A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 1 - General Provisions › Subchapter B. Public Policy › Section 1.109. Use of Digitized Signature

Sec. 1.109.  USE OF DIGITIZED SIGNATURE.  (a)  A digitized signature on an original petition under this title or any other pleading or order in a proceeding under this title satisfies the requirements for and imposes the duties of signatories to pleadings, motions, and other papers identified under Rule 13, Texas Rules of Civil Procedure.
(b)  A digitized signature under this section may be applied only by, and must remain under the sole control of, the person whose signature is represented.
Added by Acts 2015, 84th Leg., R.S., Ch. 1165 (S.B. 813), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.001. Marriage License

Sec. 2.001.  MARRIAGE LICENSE.  (a)  A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
(b)  A license may not be issued for the marriage of persons of the same sex.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.002. Application for License

Sec. 2.002.  APPLICATION FOR LICENSE.  Except as provided by Section 2.006, each person applying for a license must:
(1)  appear before the county clerk;
(2)  submit the person's proof of identity and age as provided by Section 2.005(b);
(3)  provide the information applicable to that person for which spaces are provided in the application for a marriage license;
(4)  mark the appropriate boxes provided in the application; and
(5)  take the oath printed on the application and sign the application before the county clerk.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.003. Application for License by Minor

Sec. 2.003.  APPLICATION FOR LICENSE BY MINOR.  (a)  A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes.
(b)  In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk:
(1)  a court order granted by this state under Chapter 31 removing the disabilities of minority of the person for general purposes; or
(2)  if the person is a nonresident minor, a certified copy of an order removing the disabilities of minority of the person for general purposes filed with this state under Section 31.007.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.006. Absent Applicant

Sec. 2.006.  ABSENT APPLICANT.  (a)  If an applicant who is 18 years of age or older is unable to appear personally before the county clerk to apply for a marriage license, any adult person or the other applicant may apply on behalf of the absent applicant.
(b)  The person applying on behalf of an absent applicant shall provide to the clerk:
(1)  notwithstanding Section 132.001, Civil Practice and Remedies Code, the notarized affidavit of the absent applicant as provided by this subchapter; and
(2)  proof of the identity and age of the absent applicant under Section 2.005(b).
(c)  Notwithstanding Subsection (a), the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring that the applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 947 (H.B. 858), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 934 (S.B. 1705), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.007. Affidavit of Absent Applicant

Sec. 2.007.  AFFIDAVIT OF ABSENT APPLICANT.  The affidavit of an absent applicant must include:
(1)  the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any;
(2)  a declaration that the absent applicant has not been divorced within the last 30 days;
(3)  a declaration that the absent applicant is:
(A)  not presently married; or
(B)  married to the other applicant and they wish to marry again;
(4)  a declaration that the other applicant is not presently married and is not related to the absent applicant as:
(A)  an ancestor or descendant, by blood or adoption;
(B)  a brother or sister, of the whole or half blood or by adoption;
(C)  a parent's brother or sister, of the whole or half blood or by adoption;
(D)  a son or daughter of a brother or sister, of the whole or half blood or by adoption;
(E)  a current or former stepchild or stepparent; or
(F)  a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption;
(5)  a declaration that the absent applicant desires to marry and the name, age, and address of the person to whom the absent applicant desires to be married;
(6)  the approximate date on which the marriage is to occur;
(7)  the reason the absent applicant is unable to appear personally before the county clerk for the issuance of the license; and
(8)  the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony, if the absent applicant is:
(A)  a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and
(B)  unable to attend the ceremony.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.07, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.0071. Maintenance of Records by Clerk Relating to License for Absent Applicant

Sec. 2.0071.  MAINTENANCE OF RECORDS BY CLERK RELATING TO LICENSE FOR ABSENT APPLICANT.  A county clerk who issues a marriage license for an absent applicant shall maintain the affidavit of the absent applicant and the application for the marriage license in the same manner that the clerk maintains an application for a marriage license submitted by two applicants in person.
Added by Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.008. Execution of Application by Clerk

Sec. 2.008.  EXECUTION OF APPLICATION BY CLERK.  (a)  The county clerk shall:
(1)  determine that all necessary information, other than the date of the marriage ceremony, the county in which the ceremony is conducted, and the name of the person who performs the ceremony, is recorded on the application and that all necessary documents are submitted;
(2)  administer the oath to each applicant appearing before the clerk;
(3)  have each applicant appearing before the clerk sign the application in the clerk's presence;  and
(4)  execute the clerk's certificate on the application.
(b)  A person appearing before the clerk on behalf of an absent applicant is not required to take the oath on behalf of the absent applicant.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.0091. Application for and Issuance of License Through Remote Technology

Sec. 2.0091.  APPLICATION FOR AND ISSUANCE OF LICENSE THROUGH REMOTE TECHNOLOGY.  (a)  This section applies only in a county in which the county clerk has been certified by the Texas Judicial Council under Section 71.039, Government Code, to issue a marriage license through the use of remote technology.
(b)  In a county to which this section applies:
(1)  a person who applies for a marriage license through the use of remote technology is considered to have appeared before the court for purposes of this subchapter; and
(2)  the county clerk may issue a marriage license through the use of remote technology only in accordance with the procedures adopted by the Texas Judicial Council under Section 71.039, Government Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 857 (S.B. 907), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.010. AIDS Information; Posting on Internet

Sec. 2.010.  AIDS INFORMATION; POSTING ON INTERNET.  The Department of State Health Services shall prepare and make available to the public on its Internet website information about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV).  The information must be designed to inform an applicant for a marriage license about:
(1)  the incidence and mode of transmission of AIDS and HIV;
(2)  the local availability of medical procedures, including voluntary testing, designed to show or help show whether a person has AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and
(3)  available and appropriate counseling services regarding AIDS and HIV infection.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 890 (H.B. 984), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle A - Marriage › Chapter 2 - The Marriage Relationship › Subchapter A. Application for Marriage License › Section 2.012. Violation by County Clerk; Penalty

Sec. 2.012.  VIOLATION BY COUNTY CLERK;  PENALTY.  A county clerk or deputy county clerk who violates or fails to comply with this subchapter commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not less than $200 and not more than $500.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.