1-1     By:  Jones of Dallas (Senate Sponsor - Carona)         H.B. No. 806
 1-2           (In the Senate - Received from the House April 16, 1999;
 1-3     April 19, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the use of electronic devices for the production and
 1-9     authentication of certain court documents.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 2, Code of Criminal Procedure, is amended
1-12     by adding Article 2.26 to read as follows:
1-13           Art. 2.26.  DIGITAL SIGNATURE.  (a)  In this section,
1-14     "digital signature" means an electronic identifier intended by the
1-15     person using it to have the same force and effect as the use of a
1-16     manual signature.
1-17           (b)  An electronically transmitted document issued or
1-18     received by a court in a criminal matter is considered signed if a
1-19     digital signature is transmitted with the document.
1-20           (c)  This section does not preclude any symbol from being
1-21     valid as a signature under other applicable law, including Section
1-22     1.201(39), Business & Commerce Code.
1-23           (d)  The use of a digital signature under this section is
1-24     subject to criminal laws pertaining to fraud and computer crimes,
1-25     including Chapters 32 and 33, Penal Code.
1-26           SECTION 2.  Article 45.021, Code of Criminal Procedure, is
1-27     amended by amending Subsection (a) and adding Subsection (f) to
1-28     read as follows:
1-29           (a)  Notwithstanding any other provision of law, a document
1-30     that is issued by a justice or municipal court or a notice or
1-31     citation issued by a law enforcement officer may be created by
1-32     electronic means, including optical imaging, optical disk, digital
1-33     imaging, or other electronic reproduction technique that does not
1-34     permit changes, additions, or deletions to the originally created
1-35     document.
1-36           (f)  A statutory requirement that a document contain the
1-37     signature of any person, including a judge, clerk of the court, or
1-38     defendant, is satisfied if the document contains that signature as
1-39     captured on an electronic device.
1-40           SECTION 3.  Section 543.003, Transportation Code, is amended
1-41     to read as follows:
1-42           Sec. 543.003.  NOTICE TO APPEAR REQUIRED:  PERSON NOT TAKEN
1-43     BEFORE MAGISTRATE.  An officer who arrests a person for a violation
1-44     of this subtitle punishable as a misdemeanor and who does not take
1-45     the person before a magistrate shall issue [in duplicate] a written
1-46     notice to appear in court showing the time and place the person is
1-47     to appear, the offense charged, the name and address of the person
1-48     charged, and, if applicable, the license number of the person's
1-49     vehicle.
1-50           SECTION 4.  Section 543.005, Transportation Code, is amended
1-51     to read as follows:
1-52           Sec. 543.005.  PROMISE TO APPEAR; RELEASE.  To secure
1-53     release, the person arrested must make a written promise to appear
1-54     in court by signing [in duplicate] the written notice prepared by
1-55     the arresting officer.  The signature may be obtained on a
1-56     duplicate form or on an electronic device capable of creating a
1-57     copy of the signed notice.  The arresting officer shall retain the
1-58     paper or electronic original of the notice and deliver the copy of
1-59     the notice to the person arrested.  The officer shall then promptly
1-60     release the person from custody.
1-61           SECTION 5.  Section 543.007, Transportation Code, is amended
1-62     to read as follows:
1-63           Sec. 543.007.  NOTICE TO APPEAR:  COMMERCIAL VEHICLE OR
1-64     LICENSE.  A notice to appear issued to the operator of a commercial
 2-1     motor vehicle or holder of a commercial driver's license or
 2-2     commercial driver learner's permit, for the violation of a law
 2-3     regulating the operation of vehicles on highways, must contain [be
 2-4     on a form that contains] the information required by department
 2-5     rule, to comply with Chapter 522 and the federal Commercial Motor
 2-6     Vehicle Safety Act of 1986 (Title 49, U.S.C. Section 2701 et seq.).
 2-7           SECTION 6.  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.
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