1-1 AN ACT 1-2 relating to the Uniform Electronic Transactions Act and electronic 1-3 records. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 4, Business & Commerce Code, is amended by 1-6 adding Chapter 43 to read as follows: 1-7 CHAPTER 43. UNIFORM ELECTRONIC TRANSACTIONS ACT 1-8 Sec. 43.001. SHORT TITLE. This chapter may be cited as the 1-9 Uniform Electronic Transactions Act. 1-10 Sec. 43.002. DEFINITIONS. In this chapter: 1-11 (1) "Agreement" means the bargain of the parties in 1-12 fact, as found in their language or inferred from other 1-13 circumstances and from rules, regulations, and procedures given the 1-14 effect of agreements under laws otherwise applicable to a 1-15 particular transaction. 1-16 (2) "Automated transaction" means a transaction 1-17 conducted or performed, in whole or in part, by electronic means or 1-18 electronic records, in which the acts or records of one or both 1-19 parties are not reviewed by an individual in the ordinary course in 1-20 forming a contract, performing under an existing contract, or 1-21 fulfilling an obligation required by the transaction. 1-22 (3) "Computer program" means a set of statements or 1-23 instructions to be used directly or indirectly in an information 1-24 processing system in order to bring about a certain result. 1-25 (4) "Contract" means the total legal obligation 2-1 resulting from the parties' agreement as affected by this chapter 2-2 and other applicable law. 2-3 (5) "Electronic" means relating to technology having 2-4 electrical, digital, magnetic, wireless, optical, electromagnetic, 2-5 or similar capabilities. 2-6 (6) "Electronic agent" means a computer program or an 2-7 electronic or other automated means used independently to initiate 2-8 an action or respond to electronic records or performances in whole 2-9 or in part, without review or action by an individual. 2-10 (7) "Electronic record" means a record created, 2-11 generated, sent, communicated, received, or stored by electronic 2-12 means. 2-13 (8) "Electronic signature" means an electronic sound, 2-14 symbol, or process attached to or logically associated with a 2-15 record and executed or adopted by a person with the intent to sign 2-16 the record. 2-17 (9) "Governmental agency" means an executive, 2-18 legislative, or judicial agency, department, board, commission, 2-19 authority, institution, or instrumentality of the federal 2-20 government or of a state or of a county, municipality, or other 2-21 political subdivision of a state. 2-22 (10) "Information" means data, text, images, sounds, 2-23 codes, computer programs, software, databases, or the like. 2-24 (11) "Information processing system" means an 2-25 electronic system for creating, generating, sending, receiving, 2-26 storing, displaying, or processing information. 3-1 (12) "Record" means information that is inscribed on a 3-2 tangible medium or that is stored in an electronic or other medium 3-3 and is retrievable in perceivable form. 3-4 (13) "Security procedure" means a procedure employed 3-5 for the purpose of verifying that an electronic signature, record, 3-6 or performance is that of a specific person or for detecting 3-7 changes or errors in the information in an electronic record. The 3-8 term includes a procedure that requires the use of algorithms or 3-9 other codes, identifying words or numbers, encryption, or callback 3-10 or other acknowledgment procedures. 3-11 (14) "State" means a state of the United States, the 3-12 District of Columbia, Puerto Rico, the United States Virgin 3-13 Islands, or any territory or insular possession subject to the 3-14 jurisdiction of the United States. The term includes an Indian 3-15 tribe or band, or Alaskan native village, which is recognized by 3-16 federal law or formally acknowledged by a state. 3-17 (15) "Transaction" means an action or set of actions 3-18 occurring between two or more persons relating to the conduct of 3-19 business, commercial, or governmental affairs. 3-20 Sec. 43.003. SCOPE. (a) Except as otherwise provided in 3-21 Subsection (b), this chapter applies to electronic records and 3-22 electronic signatures relating to a transaction. 3-23 (b) This chapter does not apply to a transaction to the 3-24 extent it is governed by: 3-25 (1) a law governing the creation and execution of 3-26 wills, codicils, or testamentary trusts; or 4-1 (2) the Uniform Commercial Code, other than Sections 4-2 1.107 and 1.206 and Chapters 2 and 2A. 4-3 (c) This chapter applies to an electronic record or 4-4 electronic signature otherwise excluded from the application of 4-5 this chapter under Subsection (b) when used for a transaction 4-6 subject to a law other than those specified in Subsection (b). 4-7 (d) A transaction subject to this chapter is also subject to 4-8 other applicable substantive law. 4-9 Sec. 43.004. PROSPECTIVE APPLICATION. This chapter applies 4-10 to any electronic record or electronic signature created, 4-11 generated, sent, communicated, received, or stored on or after 4-12 January 1, 2002. 4-13 Sec. 43.005. USE OF ELECTRONIC RECORDS AND ELECTRONIC 4-14 SIGNATURES; VARIATION BY AGREEMENT. (a) This chapter does not 4-15 require a record or signature to be created, generated, sent, 4-16 communicated, received, stored, or otherwise processed or used by 4-17 electronic means or in electronic form. 4-18 (b) This chapter applies only to transactions between 4-19 parties each of which has agreed to conduct transactions by 4-20 electronic means. Whether the parties agree to conduct a 4-21 transaction by electronic means is determined from the context and 4-22 surrounding circumstances, including the parties' conduct. 4-23 (c) A party that agrees to conduct a transaction by 4-24 electronic means may refuse to conduct other transactions by 4-25 electronic means. The right granted by this subsection may not be 4-26 waived by agreement. 5-1 (d) Except as otherwise provided in this chapter, the effect 5-2 of any of its provisions may be varied by agreement. The presence 5-3 in certain provisions of this chapter of the words "unless 5-4 otherwise agreed," or words of similar import, does not imply that 5-5 the effect of other provisions may not be varied by agreement. 5-6 (e) Whether an electronic record or electronic signature has 5-7 legal consequences is determined by this chapter and other 5-8 applicable law. 5-9 Sec. 43.006. CONSTRUCTION AND APPLICATION. This chapter 5-10 must be construed and applied: 5-11 (1) to facilitate electronic transactions consistent 5-12 with other applicable law; 5-13 (2) to be consistent with reasonable practices 5-14 concerning electronic transactions and with the continued expansion 5-15 of those practices; and 5-16 (3) to effectuate its general purpose to make uniform 5-17 the law with respect to the subject of this chapter among states 5-18 enacting it. 5-19 Sec. 43.007. LEGAL RECOGNITION OF ELECTRONIC RECORDS, 5-20 ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS. (a) A record or 5-21 signature may not be denied legal effect or enforceability solely 5-22 because it is in electronic form. 5-23 (b) A contract may not be denied legal effect or 5-24 enforceability solely because an electronic record was used in its 5-25 formation. 5-26 (c) If a law requires a record to be in writing, an 6-1 electronic record satisfies the law. 6-2 (d) If a law requires a signature, an electronic signature 6-3 satisfies the law. 6-4 Sec. 43.008. PROVISION OF INFORMATION IN WRITING; 6-5 PRESENTATION OF RECORDS. (a) If parties have agreed to conduct a 6-6 transaction by electronic means and a law requires a person to 6-7 provide, send, or deliver information in writing to another person, 6-8 the requirement is satisfied if the information is provided, sent, 6-9 or delivered, as the case may be, in an electronic record capable 6-10 of retention by the recipient at the time of receipt. An 6-11 electronic record is not capable of retention by the recipient if 6-12 the sender or its information processing system inhibits the 6-13 ability of the recipient to print or store the electronic record. 6-14 (b) If a law other than this chapter requires a record (i) 6-15 to be posted or displayed in a certain manner, (ii) to be sent, 6-16 communicated, or transmitted by a specified method, or (iii) to 6-17 contain information that is formatted in a certain manner, the 6-18 following rules apply: 6-19 (1) the record must be posted or displayed in the 6-20 manner specified in the other law; 6-21 (2) except as otherwise provided in Subsection (d)(2), 6-22 the record must be sent, communicated, or transmitted by the method 6-23 specified in the other law; and 6-24 (3) the record must contain the information formatted 6-25 in the manner specified in the other law. 6-26 (c) If a sender inhibits the ability of a recipient to store 7-1 or print an electronic record, the electronic record is not 7-2 enforceable against the recipient. 7-3 (d) The requirements of this section may not be varied by 7-4 agreement, but: 7-5 (1) to the extent a law other than this chapter 7-6 requires information to be provided, sent, or delivered in writing 7-7 but permits that requirement to be varied by agreement, the 7-8 requirement under Subsection (a) that the information be in the 7-9 form of an electronic record capable of retention may also be 7-10 varied by agreement; and 7-11 (2) a requirement under a law other than this chapter 7-12 to send, communicate, or transmit a record by first class mail may 7-13 be varied by agreement to the extent permitted by the other law. 7-14 Sec. 43.009. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND 7-15 ELECTRONIC SIGNATURE. (a) An electronic record or electronic 7-16 signature is attributable to a person if it was the act of the 7-17 person. The act of the person may be shown in any manner, 7-18 including a showing of the efficacy of any security procedure 7-19 applied to determine the person to which the electronic record or 7-20 electronic signature was attributable. 7-21 (b) The effect of an electronic record or electronic 7-22 signature attributed to a person under Subsection (a) is determined 7-23 from the context and surrounding circumstances at the time of its 7-24 creation, execution, or adoption, including the parties' agreement, 7-25 if any, and otherwise as provided by law. 7-26 Sec. 43.010. EFFECT OF CHANGE OR ERROR. (a) If a change or 8-1 error in an electronic record occurs in a transmission between 8-2 parties to a transaction, the rules provided by this section apply. 8-3 (b) If the parties have agreed to use a security procedure 8-4 to detect changes or errors and one party has conformed to the 8-5 procedure, but the other party has not, and the nonconforming party 8-6 would have detected the change or error had that party also 8-7 conformed, the conforming party may avoid the effect of the changed 8-8 or erroneous electronic record. 8-9 (c) In an automated transaction involving an individual, the 8-10 individual may avoid the effect of an electronic record that 8-11 resulted from an error made by the individual in dealing with the 8-12 electronic agent of another person if the electronic agent did not 8-13 provide an opportunity for the prevention or correction of the 8-14 error and, at the time the individual learns of the error, the 8-15 individual: 8-16 (1) promptly notifies the other person of the error 8-17 and that the individual did not intend to be bound by the 8-18 electronic record received by the other person; 8-19 (2) takes reasonable steps, including steps that 8-20 conform to the other person's reasonable instructions, to return to 8-21 the other person or, if instructed by the other person, to destroy 8-22 the consideration received, if any, as a result of the erroneous 8-23 electronic record; and 8-24 (3) has not used or received any benefit or value from 8-25 the consideration, if any, received from the other person. 8-26 (d) If neither Subsection (b) nor Subsection (c) applies, 9-1 the change or error has the effect provided by other law, including 9-2 the law of mistake, and the parties' contract, if any. 9-3 (e) Subsections (c) and (d) may not be varied by agreement. 9-4 Sec. 43.011. NOTARIZATION AND ACKNOWLEDGMENT. If a law 9-5 requires a signature or record to be notarized, acknowledged, 9-6 verified, or made under oath, the requirement is satisfied if the 9-7 electronic signature of the person authorized to perform those 9-8 acts, together with all other information required to be included 9-9 by other applicable law, is attached to or logically associated 9-10 with the signature or record. 9-11 Sec. 43.012. RETENTION OF ELECTRONIC RECORDS; ORIGINALS. 9-12 (a) If a law requires that a record be retained, the requirement 9-13 is satisfied by retaining an electronic record of the information 9-14 in the record which: 9-15 (1) accurately reflects the information set forth in 9-16 the record after it was first generated in its final form as an 9-17 electronic record or otherwise; and 9-18 (2) remains accessible for later reference. 9-19 (b) A requirement to retain a record in accordance with 9-20 Subsection (a) does not apply to any information the sole purpose 9-21 of which is to enable the record to be sent, communicated, or 9-22 received. 9-23 (c) A person may satisfy Subsection (a) by using the 9-24 services of another person if the requirements of that subsection 9-25 are satisfied. 9-26 (d) If a law requires a record to be presented or retained 10-1 in its original form, or provides consequences if the record is not 10-2 presented or retained in its original form, that law is satisfied 10-3 by an electronic record retained in accordance with Subsection (a). 10-4 (e) If a law requires retention of a check, that requirement 10-5 is satisfied by retention of an electronic record of the 10-6 information on the front and back of the check in accordance with 10-7 Subsection (a). 10-8 (f) A record retained as an electronic record in accordance 10-9 with Subsection (a) satisfies a law requiring a person to retain a 10-10 record for evidentiary, audit, or like purposes, unless a law 10-11 enacted after January 1, 2002, specifically prohibits the use of an 10-12 electronic record for the specified purpose. 10-13 (g) This section does not preclude a governmental agency of 10-14 this state from specifying additional requirements for the 10-15 retention of a record subject to the agency's jurisdiction. 10-16 Sec. 43.013. ADMISSIBILITY IN EVIDENCE. In a proceeding, 10-17 evidence of a record or signature may not be excluded solely 10-18 because it is in electronic form. 10-19 Sec. 43.014. AUTOMATED TRANSACTION. (a) In an automated 10-20 transaction, the rules provided by this section apply. 10-21 (b) A contract may be formed by the interaction of 10-22 electronic agents of the parties, even if no individual was aware 10-23 of or reviewed the electronic agents' actions or the resulting 10-24 terms and agreements. 10-25 (c) A contract may be formed by the interaction of an 10-26 electronic agent and an individual, acting on the individual's own 11-1 behalf or for another person, including by an interaction in which 11-2 the individual performs actions that the individual is free to 11-3 refuse to perform and which the individual knows or has reason to 11-4 know will cause the electronic agent to complete the transaction or 11-5 performance. 11-6 (d) The terms of the contract are determined by the 11-7 substantive law applicable to it. 11-8 Sec. 43.015. TIME AND PLACE OF SENDING AND RECEIPT. 11-9 (a) Unless otherwise agreed between the sender and the recipient, 11-10 an electronic record is sent when it: 11-11 (1) is addressed properly or otherwise directed 11-12 properly to an information processing system that the recipient has 11-13 designated or uses for the purpose of receiving electronic records 11-14 or information of the type sent and from which the recipient is 11-15 able to retrieve the electronic record; 11-16 (2) is in a form capable of being processed by that 11-17 system; and 11-18 (3) enters an information processing system outside 11-19 the control of the sender or of a person that sent the electronic 11-20 record on behalf of the sender or enters a region of the 11-21 information processing system designated or used by the recipient 11-22 which is under the control of the recipient. 11-23 (b) Unless otherwise agreed between the sender and the 11-24 recipient, an electronic record is received when: 11-25 (1) it enters an information processing system that 11-26 the recipient has designated or uses for the purpose of receiving 12-1 electronic records or information of the type sent and from which 12-2 the recipient is able to retrieve the electronic record; and 12-3 (2) it is in a form capable of being processed by that 12-4 system. 12-5 (c) Subsection (b) applies even if the place the information 12-6 processing system is located is different from the place the 12-7 electronic record is deemed to be received under Subsection (d). 12-8 (d) Unless otherwise expressly provided in the electronic 12-9 record or agreed between the sender and the recipient, an 12-10 electronic record is deemed to be sent from the sender's place of 12-11 business and to be received at the recipient's place of business. 12-12 For purposes of this subsection, the following rules apply: 12-13 (1) if the sender or the recipient has more than one 12-14 place of business, the place of business of that person is the 12-15 place having the closest relationship to the underlying 12-16 transaction; and 12-17 (2) if the sender or the recipient does not have a 12-18 place of business, the place of business is the sender's or the 12-19 recipient's residence, as the case may be. 12-20 (e) An electronic record is received under Subsection (b) 12-21 even if no individual is aware of its receipt. 12-22 (f) Receipt of an electronic acknowledgment from an 12-23 information processing system described in Subsection (b) 12-24 establishes that a record was received but, by itself, does not 12-25 establish that the content sent corresponds to the content 12-26 received. 13-1 (g) If a person is aware that an electronic record 13-2 purportedly sent under Subsection (a), or purportedly received 13-3 under Subsection (b), was not actually sent or received, the legal 13-4 effect of the sending or receipt is determined by other applicable 13-5 law. Except to the extent permitted by the other law, the 13-6 requirements of this subsection may not be varied by agreement. 13-7 Sec. 43.016. TRANSFERABLE RECORDS. (a) In this section, 13-8 "transferable record" means an electronic record that: 13-9 (1) would be a note under Chapter 3, or a document 13-10 under Chapter 7, if the electronic record were in writing; and 13-11 (2) the issuer of the electronic record expressly has 13-12 agreed is a transferable record. 13-13 (b) A person has control of a transferable record if a 13-14 system employed for evidencing the transfer of interests in the 13-15 transferable record reliably establishes that person as the person 13-16 to which the transferable record was issued or transferred. 13-17 (c) A system satisfies Subsection (b), and a person is 13-18 deemed to have control of a transferable record, if the 13-19 transferable record is created, stored, and assigned in such a 13-20 manner that: 13-21 (1) a single authoritative copy of the transferable 13-22 record exists which is unique, identifiable, and, except as 13-23 otherwise provided in Subdivisions (4), (5), and (6), unalterable; 13-24 (2) the authoritative copy identifies the person 13-25 asserting control as: 13-26 (A) the person to which the transferable record 14-1 was issued; or 14-2 (B) if the authoritative copy indicates that the 14-3 transferable record has been transferred, the person to which the 14-4 transferable record was most recently transferred; 14-5 (3) the authoritative copy is communicated to and 14-6 maintained by the person asserting control or its designated 14-7 custodian; 14-8 (4) copies or revisions that add or change an 14-9 identified assignee of the authoritative copy can be made only with 14-10 the consent of the person asserting control; 14-11 (5) each copy of the authoritative copy and any copy 14-12 of a copy is readily identifiable as a copy that is not the 14-13 authoritative copy; and 14-14 (6) any revision of the authoritative copy is readily 14-15 identifiable as authorized or unauthorized. 14-16 (d) Except as otherwise agreed, a person having control of a 14-17 transferable record is the holder, as defined in Section 1.201, of 14-18 the transferable record and has the same rights and defenses as a 14-19 holder of an equivalent record or writing under the Uniform 14-20 Commercial Code, including, if the applicable statutory 14-21 requirements under Section 3.302(a), 7.501, or 9.330 are satisfied, 14-22 the rights and defenses of a holder in due course, a holder to 14-23 which a negotiable document of title has been duly negotiated, or a 14-24 purchaser, respectively. Delivery, possession, and indorsement are 14-25 not required to obtain or exercise any of the rights under this 14-26 subsection. 15-1 (e) Except as otherwise agreed, an obligor under a 15-2 transferable record has the same rights and defenses as an 15-3 equivalent obligor under equivalent records or writings under the 15-4 Uniform Commercial Code. 15-5 (f) If requested by a person against which enforcement is 15-6 sought, the person seeking to enforce the transferable record shall 15-7 provide reasonable proof that the person is in control of the 15-8 transferable record. Proof may include access to the authoritative 15-9 copy of the transferable record and related business records 15-10 sufficient to review the terms of the transferable record and to 15-11 establish the identity of the person having control of the 15-12 transferable record. 15-13 Sec. 43.017. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC 15-14 RECORDS BY GOVERNMENTAL AGENCIES. (a) Except as otherwise 15-15 provided by Section 43.012(f), each state agency shall determine 15-16 whether, and the extent to which, the agency will send and accept 15-17 electronic records and electronic signatures to and from other 15-18 persons and otherwise create, generate, communicate, store, 15-19 process, use, and rely upon electronic records and electronic 15-20 signatures. 15-21 (b) To the extent that a state agency uses electronic 15-22 records and electronic signatures under Subsection (a), the 15-23 Department of Information Resources and Texas State Library and 15-24 Archives Commission, pursuant to their rulemaking authority under 15-25 other law and giving due consideration to security, may specify: 15-26 (1) the manner and format in which the electronic 16-1 records must be created, generated, sent, communicated, received, 16-2 and stored and the systems established for those purposes; 16-3 (2) if electronic records must be signed by electronic 16-4 means, the type of electronic signature required, the manner and 16-5 format in which the electronic signature must be affixed to the 16-6 electronic record, and the identity of, or criteria that must be 16-7 met by, any third party used by a person filing a document to 16-8 facilitate the process; 16-9 (3) control processes and procedures as appropriate to 16-10 ensure adequate preservation, disposition, integrity, security, 16-11 confidentiality, and auditability of electronic records; and 16-12 (4) any other required attributes for electronic 16-13 records which are specified for corresponding nonelectronic records 16-14 or reasonably necessary under the circumstances. 16-15 (c) Except as otherwise provided in Section 43.012(f), this 16-16 chapter does not require a governmental agency of this state to use 16-17 or permit the use of electronic records or electronic signatures. 16-18 Sec. 43.018. INTEROPERABILITY. The Department of 16-19 Information Resources may encourage and promote consistency and 16-20 interoperability with similar requirements adopted by other 16-21 governmental agencies of this and other states and the federal 16-22 government and nongovernmental persons interacting with 16-23 governmental agencies of this state. If appropriate, those 16-24 standards may specify differing levels of standards from which 16-25 governmental agencies of this state may choose in implementing the 16-26 most appropriate standard for a particular application. 17-1 Sec. 43.019. EXEMPTION TO PREEMPTION BY FEDERAL ELECTRONIC 17-2 SIGNATURES ACT. This chapter modifies, limits, or supersedes the 17-3 provisions of the Electronic Signatures in Global and National 17-4 Commerce Act (15 U.S.C. Section 7001 et seq.) as authorized by 17-5 Section 102 of that Act (15 U.S.C. Section 7002). 17-6 Sec. 43.020. APPLICABILITY OF PENAL CODE. This chapter does 17-7 not authorize any activity that is prohibited by the Penal Code. 17-8 SECTION 2. Subsection (a), Section 191.009, Local Government 17-9 Code, is amended to read as follows: 17-10 (a) A county clerk may accept instruments by electronic 17-11 filing and record the instruments electronically if the filing or 17-12 recording complies with the rules adopted by the Texas State 17-13 Library and Archives Commission under Chapter 195. Such an 17-14 instrument is an electronic record, as defined by Section 43.002, 17-15 Business & Commerce Code. 17-16 SECTION 3. Section 195.002, Local Government Code, is 17-17 amended by adding Subsection (e) to read as follows: 17-18 (e) Notwithstanding Sections 43.017 and 43.018, Business & 17-19 Commerce Code, a county clerk may accept any filed electronic 17-20 record, as defined by Section 43.002, Business & Commerce Code, and 17-21 may electronically record that record if the filing and recording 17-22 of that record complies with rules adopted by the commission under 17-23 this section. 17-24 SECTION 4. Chapter 195, Local Government Code, is amended by 17-25 adding Section 195.009 to read as follows: 17-26 Sec. 195.009. FILING. For purposes of this chapter, an 18-1 instrument is filed with the county clerk when it is received by 18-2 the county clerk, unless the county clerk rejects the filing within 18-3 the time and manner provided by this chapter and rules adopted 18-4 under this chapter. 18-5 SECTION 5. Sections 2.108 and 2A.110, Business & Commerce 18-6 Code, are repealed. 18-7 SECTION 6. (a) Notwithstanding Section 43.019, Business & 18-8 Commerce Code, as added by this Act, Chapter 43, Business & 18-9 Commerce Code, as added by this Act, does not modify, limit, or 18-10 supersede the provisions of Section 101(c) or Section 103(b), 18-11 Electronic Signatures in Global and National Commerce Act (15 18-12 U.S.C. Sections 7001 and 7003), as amended from time to time, and 18-13 specifically does not authorize the electronic delivery of any 18-14 notice of the type described by Section 103(b), Electronic 18-15 Signatures in Global and National Commerce Act (15 U.S.C. Section 18-16 7003), as amended from time to time, including: 18-17 (1) any notice of: 18-18 (A) the cancellation or termination of utility 18-19 services (including water, heat, and power); 18-20 (B) default, acceleration, repossession, 18-21 foreclosure, or eviction, or the right to cure, under a credit 18-22 agreement secured by, or a rental agreement for, a primary 18-23 residence of an individual; 18-24 (C) the cancellation or termination of health 18-25 insurance or benefits or life insurance benefits (excluding 18-26 annuities); or 19-1 (D) recall of a product, or material failure of 19-2 a product, that risks endangering health or safety; or 19-3 (2) any document required to accompany any 19-4 transportation or handling of hazardous materials, pesticides, or 19-5 other toxic or dangerous materials. 19-6 (b) If a federal regulatory agency under Section 104(d)(1), 19-7 Electronic Signatures in Global and National Commerce Act (15 19-8 U.S.C. Section 7004), exempts a specified category or type of 19-9 record from the requirements relating to consent in Section 101(c), 19-10 Electronic Signatures in Global and National Commerce Act (15 19-11 U.S.C. Section 7001), or if a federal regulatory agency under 19-12 Section 103(c)(2), Electronic Signatures in Global and National 19-13 Commerce Act (15 U.S.C. Section 7003), removes an exception for a 19-14 type of document from the application of Section 101, Electronic 19-15 Signatures in Global and National Commerce Act (15 U.S.C. Section 19-16 7001), the regulatory agency of this state with jurisdiction over 19-17 the subject matter with respect to which the federal action was 19-18 taken may exempt the specified category or type of record from the 19-19 application of Chapter 43, Business & Commerce Code, as added by 19-20 this Act. An exemption under this subsection must be by rule or 19-21 order of the state regulatory agency after notice and an 19-22 opportunity for public comment. 19-23 SECTION 7. Chapter 43, Business & Commerce Code, as added by 19-24 this Act, does not modify, limit, or supersede Chapter 15, Civil 19-25 Practice and Remedies Code, or Section 35.531, Business & Commerce 19-26 Code. 20-1 SECTION 8. This Act takes effect January 1, 2002. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 393 passed the Senate on April 4, 2001, by a viva-voce vote; and that the Senate concurred in House amendments on May 24, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 393 passed the House, with amendments, on May 18, 2001, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor