By Bivins S.B. No. 787 75R6884 LJR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of digital signatures in communications with 1-3 public entities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 2051, Government Code, is amended by 1-6 adding Subchapter D to read as follows: 1-7 SUBCHAPTER D. ELECTRONIC COMMUNICATIONS 1-8 Sec. 2051.101. USE OF DIGITAL SIGNATURES. (a) In a written 1-9 communication with a public entity in which a signature is required 1-10 or used, the parties to the communication may agree to use of a 1-11 digital signature that complies with the requirements of this 1-12 section. 1-13 (b) A digital signature used under this section must: 1-14 (1) be unique to the person who affixes it to the 1-15 communication; 1-16 (2) be under the sole control of the person using it; 1-17 (3) be capable of verification; 1-18 (4) be linked to data so that if the data are changed, 1-19 the digital signature is invalidated; and 1-20 (5) conform to requirements adopted under Subsection 1-21 (c). 1-22 (c) The Department of Information Resources by rule shall 1-23 establish and from time to time as necessary revise requirements 1-24 necessary for the effective use of digital signatures in 2-1 communications with public entities. In establishing and revising 2-2 the requirements the department shall seek advice from private and 2-3 public entities, including particularly the secretary of state and 2-4 the comptroller. 2-5 (d) This section does not require a public entity to use or 2-6 permit the use of a digital signature. 2-7 (e) This section does not preclude: 2-8 (1) any symbol from being valid as a signature under 2-9 other applicable law, including Section 1.201(39), Business & 2-10 Commerce Code; 2-11 (2) any message, document, or record from being 2-12 considered to be in writing under other applicable state law; or 2-13 (3) the use of another method of signing or 2-14 authenticating a writing. 2-15 (f) In this section: 2-16 (1) "Digital signature" means an electronic identifier 2-17 that is created by a computer and is intended by the party using it 2-18 to have the same force and effect as the use of a manual signature. 2-19 (2) "Local government" means a municipality, county, 2-20 school district, special purpose district or authority, or other 2-21 political subdivision of this state. 2-22 (3) "Public entity" means a state agency or local 2-23 government. 2-24 (4) "State agency" means a board, commission, council, 2-25 committee, department, office, agency, or other governmental entity 2-26 in the executive, legislative, or judicial branch of state 2-27 government. The term includes an institution of higher education 3-1 as defined by Section 61.003, Education Code. 3-2 SECTION 2. This Act takes effect September 1, 1997. 3-3 SECTION 3. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended.