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.