1-1 AN ACT
1-2 relating to a digital signature.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 2, Business & Commerce
1-5 Code, is amended by adding Section 2.108 to read as follows:
1-6 Sec. 2.108. DIGITAL SIGNATURE. (a) A written electronic
1-7 communication sent from within or received in this state in
1-8 connection with a transaction governed by this chapter is
1-9 considered signed if a digital signature is transmitted with the
1-10 communication.
1-11 (b) This section does not preclude any symbol from being
1-12 valid as a signature under other applicable law, including Section
1-13 1.201(39).
1-14 (c) The use of a digital signature under this section is
1-15 subject to criminal laws pertaining to fraud and computer crimes,
1-16 including Chapters 32 and 33, Penal Code.
1-17 (d) In this section "digital signature" means an electronic
1-18 identifier intended by the person using it to have the same force
1-19 and effect as the use of a manual signature.
1-20 SECTION 2. Subchapter C, Chapter 2054, Government Code, is
1-21 amended by adding Section 2054.060 to read as follows:
1-22 Sec. 2054.060. DIGITAL SIGNATURE. (a) A digital signature
1-23 may be used to authenticate a written electronic communication sent
1-24 to a state agency if it complies with rules adopted by the
2-1 department. Before adopting the rules, the department shall
2-2 consult with the comptroller, state auditor, attorney general,
2-3 secretary of state, and office of court administration, and with
2-4 representatives of county and municipal governments, regarding the
2-5 content of the rules. When adopting the rules, the department
2-6 shall consider factors that may affect the reliability of a digital
2-7 signature, including whether a digital signature is:
2-8 (1) unique to the person using it;
2-9 (2) capable of independent verification;
2-10 (3) under the sole control of the person using it; and
2-11 (4) transmitted in a manner that will make it
2-12 infeasible to change the data in the communication or digital
2-13 signature without invalidating the digital signature.
2-14 (b) A digital signature may be used to authenticate a
2-15 written electronic communication sent to a local government if it
2-16 complies with rules adopted by the governing body of the local
2-17 government. Before adopting the rules, the governing body of the
2-18 local government shall consider the rules adopted by the department
2-19 and, to the extent possible and practicable, shall make the
2-20 governing body's rules consistent with the department's rules.
2-21 (c) This section does not preclude any symbol from being
2-22 valid as a signature under other applicable law, including Section
2-23 1.201(39), Business & Commerce Code.
2-24 (d) The use of a digital signature under this section is
2-25 subject to criminal laws pertaining to fraud and computer crimes,
2-26 including Chapters 32 and 33, Penal Code.
2-27 (e) In this section:
3-1 (1) "Digital signature" means an electronic identifier
3-2 intended by the person using it to have the same force and effect
3-3 as the use of a manual signature.
3-4 (2) "Local government" has the meaning assigned by
3-5 Section 791.003, but does not include an agency in the judicial
3-6 branch of local government.
3-7 (3) "State agency" does not include an agency in the
3-8 judicial branch of state government.
3-9 SECTION 3. This Act takes effect September 1, 1997.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 984 was passed by the House on April
10, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 984 on May 19, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 984 was passed by the Senate, with
amendments, on May 15, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor