Texas § ES.2001.153 - DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USE

§ ES.2001.153. DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS NOT ORIGINAL USE

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. SUBCHAPTER F. DISCLOSURE OF DIGITAL ASSETS TO GUARDIAN