1. (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. (1) a written request for disclosure in physical or electronic form;
   2. (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. (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect.

2. (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. (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. (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.