By Sibley                                        S.B. No. 748

      75R2881 BEM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of a digital signature in a communication with

 1-3     a state agency.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 121, Civil Practice and Remedies Code, is

 1-6     amended by adding Section 121.016 to read as follows:

 1-7           Sec. 121.016.  DIGITAL SIGNATURE.  (a)  Notwithstanding any

 1-8     other law, a written electronic communication sent from or received

 1-9     by a state agency is considered signed if a digital signature is

1-10     transmitted with the communication and intended by the sender to

1-11     authenticate the communication, subject to Subsection (b).

1-12           (b)  A digital signature may be used to authenticate a

1-13     written electronic communication sent to a state agency only if it

1-14     complies with rules adopted by the Department of Information

1-15     Resources.  Before adopting the rules, the department shall consult

1-16     with the comptroller, state auditor, and attorney general regarding

1-17     the content of the rules.  At a minimum the rules must provide that

1-18     a digital signature is:

1-19                 (1)  unique to the person using it;

1-20                 (2)  capable of independent verification;

1-21                 (3)  under the sole control of the person using it; and

1-22                 (4)  transmitted in a manner that will invalidate the

1-23     digital signature if data in the communication or digital signature

1-24     is changed.

 2-1           (c)  In this section, "digital signature" means an electronic

 2-2     identifier intended by the person using it to have the same force

 2-3     and effect as the use of a manual signature.

 2-4           SECTION 2.  The Department of Information Resources shall

 2-5     adopt rules required by Section 121.016, Civil Practice and

 2-6     Remedies Code, as added by this Act, before January 1, 1998.

 2-7           SECTION 3.  This Act takes effect September 1, 1997.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.