By Hochberg H.B. No. 984 75R4539 DWS-F A BILL TO BE ENTITLED 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. Chapter 121, Civil Practice and Remedies Code, is 1-5 amended by adding Section 121.016 to read as follows: 1-6 Sec. 121.016. DIGITAL SIGNATURE. (a) Notwithstanding any 1-7 other law, a written electronic communication sent from or received 1-8 in this state is considered signed if a digital signature is 1-9 transmitted with the communication and intended by the sender to 1-10 authenticate the communication, subject to Subsection (b). 1-11 (b) A digital signature may be used to authenticate a 1-12 written electronic communication sent to a state agency only if it 1-13 complies with rules adopted by the Department of Information 1-14 Resources. Before adopting the rules, the department shall consult 1-15 with the comptroller, state auditor, and attorney general regarding 1-16 the content of the rules. At a minimum the rules must provide that 1-17 a digital signature is: 1-18 (1) unique to the person using it; 1-19 (2) capable of independent verification; 1-20 (3) under the sole control of the person using it; and 1-21 (4) transmitted in a manner that will invalidate the 1-22 digital signature if data in the communication or digital signature 1-23 is changed. 1-24 (c) In this section, "digital signature" means an electronic 2-1 identifier intended by the person using it to have the same force 2-2 and effect as the use of a manual signature. 2-3 SECTION 2. This Act takes effect September 1, 1997. 2-4 SECTION 3. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended.