SRC-JJJ H.B. 788 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 788
76R8184 GWK-DBy: Capelo (Whitmire)
Criminal Justice
4/26/1999
Engrossed


DIGEST 

Currently, the Texas Department of Criminal Justice (TDCJ) is in the
process of reengineering the systems and business processes relating to
offender information.  One aspect of the reenigneering initiative is to use
technology in order to reduce TDJC's reliance on paper documents, which may
increase efficiency and may enhance public safety.  H.B. 788 would
establish conditions regarding the electronic transmission of certain
information to TDCJ.  

PURPOSE

As proposed, H.B. 788 establishes conditions regarding the electronic
transmission of certain information to Texas Department of Criminal
Justice.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 493, Government Code, by adding Section 493.021,
as follows: 

Sec.  493.021.  ELECTRONIC CREATION AND TRANSMISSION OF DOCUMENTS.
Authorizes TDCJ, through electronic means, to create and maintain the
information that would otherwise be contained in a paper document, if
required.  Authorizes TDCJ to develop and use an electronic identifier, if
necessary, which when used the identifier has the same force and effect as
the use of a receipt, signature or seal.  Authorizes TDCJ  to accept the
document in paper form or may accept an electronic transmission  for the
information otherwise contained in the paper document. Authorizes TDCJ to
transmit electronically evidence of delivery, providing certain
circumstances.  Authorizes TDCJ to use the electronic identifier, and when
used by TDCJ, the identifier has the same force and effect as the use of a
receipt, signature, or seal.  Provides that this section does not authorize
TDCJ to require that a person submitting information to TDCJ submit the
information electronically. 

SECTION 2. Emergency clause.
  Effective date: upon passage.