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.