By Jones of Dallas H.B. No. 806 76R2831 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the force and effect of a digital signature on certain 1-3 court documents. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended 1-6 by adding Article 2.26 to read as follows: 1-7 Art. 2.26. DIGITAL SIGNATURE. (a) In this section, 1-8 "digital signature" means an electronic identifier intended by the 1-9 person using it to have the same force and effect as the use of a 1-10 manual signature. 1-11 (b) An electronically transmitted document issued or 1-12 received by a court in a criminal matter is considered signed if a 1-13 digital signature is transmitted with the document. 1-14 (c) This section does not preclude any symbol from being 1-15 valid as a signature under other applicable law, including Section 1-16 1.201(39), Business & Commerce Code. 1-17 (d) The use of a digital signature under this section is 1-18 subject to criminal laws pertaining to fraud and computer crimes, 1-19 including Chapters 32 and 33, Penal Code. 1-20 SECTION 2. The importance of this legislation and the 1-21 crowded condition of the calendars in both houses create an 1-22 emergency and an imperative public necessity that the 1-23 constitutional rule requiring bills to be read on three several 1-24 days in each house be suspended, and this rule is hereby suspended, 2-1 and that this Act take effect and be in force from and after its 2-2 passage, and it is so enacted. 2-3 COMMITTEE AMENDMENT NO. 1 2-4 Amend H.B. 806 by adding a new Section 2 to read as follows 2-5 and renumber the subsequent sections appropriately: 2-6 SECTION 2. Article 45.021, Code of Criminal Procedure, is 2-7 amended by amending Subsection (a) and adding Subsection (f) to 2-8 read as follows: 2-9 (a) Notwithstanding any other provision of law, a document 2-10 that is issued by a justice or municipal court or a notice or 2-11 citation issued by a law enforcement officer may be created by 2-12 electronic means, including optical imaging, optical disk, digital 2-13 imaging, or other electronic reproduction technique that does not 2-14 permit changes, additions, or deletions to the originally created 2-15 document. 2-16 (f) A statutory requirement that a document contain the 2-17 signature of any person, including a judge, clerk of the court, or 2-18 defendant, is satisfied if the document contains that signature as 2-19 captured on an electronic device. 2-20 Thompson