Texas Estates Code 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.
Terms Used In Texas Estates Code 2001.131
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005