76R8184 GWK-D                           
         By Capelo                                              H.B. No. 788
         Substitute the following for H.B. No. 788:
         By Lengefeld                                       C.S.H.B. No. 788
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the electronic transmission of certain information to
 1-3     the Texas Department of Criminal Justice.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 493, Government Code, is amended by
 1-6     adding Section 493.021 to read as follows:
 1-7           Sec. 493.021.  ELECTRONIC CREATION AND TRANSMISSION OF
 1-8     DOCUMENTS.  (a)  If a statute requires the department to create a
 1-9     document, the department through electronic means may create and
1-10     maintain the information that would otherwise be contained in a
1-11     paper document.  If a statute requires the department to provide a
1-12     receipt, signature, or seal as evidence of creating a document, the
1-13     department may develop and use an electronic identifier, and when
1-14     used by the department, the identifier has the same force and
1-15     effect as the use of a receipt, signature, or seal.
1-16           (b)  If a statute requires a person to submit a document to
1-17     the department, the department may accept the document in paper
1-18     form or may accept an electronic transmission of the information
1-19     otherwise contained in the paper document.
1-20           (c)  If a statute requires the department to provide a
1-21     receipt, signature, or seal as evidence of delivery of a document,
1-22     and if the department has received an electronic transmission in
1-23     lieu of accepting the document in paper form, the department may
1-24     transmit  electronically evidence of delivery.  The department may
 2-1     use the electronic identifier developed under Subsection (a), and
 2-2     when used by the department, the identifier has the same force and
 2-3     effect as the use of a receipt, signature, or seal.
 2-4           (d)  This section does not authorize the department to
 2-5     require that a person submitting information to the department
 2-6     submit the information electronically.
 2-7           SECTION 2.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended,
2-12     and that this Act take effect and be in force from and after its
2-13     passage, and it is so enacted.