According to the Legislative Budget Board (LBB), SB 816 is not expected to have any fiscal impact on the State of Texas. The bill primarily grants electronic communications and remote computing service providers the authority to disclose customer information to government entities during immediate life-threatening situations without requiring judicial oversight. Because the bill merely adjusts procedures for accessing electronic information in emergencies and does not impose new regulatory duties, create new state programs, or require new expenditures, no additional state resources are anticipated.

Similarly, the fiscal note indicates there is no significant fiscal implication for units of local government. Local law enforcement and emergency responders would be able to act more swiftly on electronic evidence during emergencies, but the processes created by the bill do not require additional staffing, funding, or infrastructure at the local level.

In short, the bill is considered administrative in nature, facilitating access to information in urgent cases, without imposing new financial burdens on state agencies, courts, or local governments.

SB 816 seeks to allow electronic communications and remote computing service providers to disclose customer data to government entities during immediate life-threatening emergencies without requiring prior judicial authorization. The bill’s goal is to enable faster law enforcement response in critical situations, potentially preventing deaths or serious injuries. It also provides legal protection for service providers acting in good faith, shielding them from civil lawsuits.

However, while the intention to save lives is commendable, the bill in its current form substantially conflicts with core liberty principles, particularly individual liberty, private property rights, and limited government. It significantly expands government authority by allowing access to private digital information without traditional constitutional safeguards like warrants or judicial oversight. Even though it does not impose additional regulatory burdens on businesses and does not increase taxpayer costs, the unchecked expansion of government power into private digital communications poses serious constitutional and privacy concerns.

Because these concerns are significant, Texas Policy Research recommends that lawmakers vote NO on SB 816 unless amended, such as requiring immediate post-disclosure judicial review, transparent government reporting, or narrowing the definition of qualifying emergencies. These improvements are needed to restore the balance between protecting life and safeguarding individual rights.

• Individual Liberty: The bill weakens protections for personal privacy by allowing government access to private electronic data without a warrant or court oversight. This undermines Fourth Amendment rights and Article I, Section 9 of the Texas Constitution, which guarantees protection against unreasonable searches and seizures.
• Personal Responsibility: The bill does not meaningfully promote or discourage personal responsibility. It focuses on provider and government actions rather than individuals’ duties or rights to act.
• Free Enterprise: By shielding service providers from lawsuits when they disclose information in good faith, the bill reduces legal risk and potential liability for businesses, encouraging participation in emergency assistance efforts without fear of costly litigation.
• Private Property Rights: Electronic communications (emails, messages, stored files) are a form of personal property. The bill permits government intrusion into that property without the consent of the owner or judicial process, weakening constitutional property protections.
• Limited Government: The bill expands government authority by allowing the circumvention of the normal legal process (court orders, warrants) based solely on a company's "good faith" belief, broadening executive power and weakening a crucial constitutional check on government intrusion.

• HB 2177 (Same As)