1-1 By: Carona, Shapleigh S.B. No. 393 1-2 (In the Senate - Filed January 25, 2001; January 29, 2001, 1-3 read first time and referred to Committee on Business and Commerce; 1-4 March 29, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; March 29, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 393 By: Carona 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the Uniform Electronic Transactions Act and electronic 1-11 records. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Title 4, Business & Commerce Code, is amended by 1-14 adding Chapter 43 to read as follows: 1-15 CHAPTER 43. UNIFORM ELECTRONIC TRANSACTIONS ACT 1-16 Sec. 43.001. SHORT TITLE. This chapter may be cited as the 1-17 Uniform Electronic Transactions Act. 1-18 Sec. 43.002. DEFINITIONS. In this chapter: 1-19 (1) "Agreement" means the bargain of the parties in 1-20 fact, as found in their language or inferred from other 1-21 circumstances and from rules, regulations, and procedures given the 1-22 effect of agreements under laws otherwise applicable to a 1-23 particular transaction. 1-24 (2) "Automated transaction" means a transaction 1-25 conducted or performed, in whole or in part, by electronic means or 1-26 electronic records, in which the acts or records of one or both 1-27 parties are not reviewed by an individual in the ordinary course in 1-28 forming a contract, performing under an existing contract, or 1-29 fulfilling an obligation required by the transaction. 1-30 (3) "Computer program" means a set of statements or 1-31 instructions to be used directly or indirectly in an information 1-32 processing system in order to bring about a certain result. 1-33 (4) "Contract" means the total legal obligation 1-34 resulting from the parties' agreement as affected by this chapter 1-35 and other applicable law. 1-36 (5) "Electronic" means relating to technology having 1-37 electrical, digital, magnetic, wireless, optical, electromagnetic, 1-38 or similar capabilities. 1-39 (6) "Electronic agent" means a computer program or an 1-40 electronic or other automated means used independently to initiate 1-41 an action or respond to electronic records or performances in whole 1-42 or in part, without review or action by an individual. 1-43 (7) "Electronic record" means a record created, 1-44 generated, sent, communicated, received, or stored by electronic 1-45 means. 1-46 (8) "Electronic signature" means an electronic sound, 1-47 symbol, or process attached to or logically associated with a 1-48 record and executed or adopted by a person with the intent to sign 1-49 the record. 1-50 (9) "Governmental agency" means an executive, 1-51 legislative, or judicial agency, department, board, commission, 1-52 authority, institution, or instrumentality of the federal 1-53 government or of a state or of a county, municipality, or other 1-54 political subdivision of a state. 1-55 (10) "Information" means data, text, images, sounds, 1-56 codes, computer programs, software, databases, or the like. 1-57 (11) "Information processing system" means an 1-58 electronic system for creating, generating, sending, receiving, 1-59 storing, displaying, or processing information. 1-60 (12) "Record" means information that is inscribed on a 1-61 tangible medium or that is stored in an electronic or other medium 1-62 and is retrievable in perceivable form. 1-63 (13) "Security procedure" means a procedure employed 1-64 for the purpose of verifying that an electronic signature, record, 2-1 or performance is that of a specific person or for detecting 2-2 changes or errors in the information in an electronic record. The 2-3 term includes a procedure that requires the use of algorithms or 2-4 other codes, identifying words or numbers, encryption, or callback 2-5 or other acknowledgment procedures. 2-6 (14) "State" means a state of the United States, the 2-7 District of Columbia, Puerto Rico, the United States Virgin 2-8 Islands, or any territory or insular possession subject to the 2-9 jurisdiction of the United States. The term includes an Indian 2-10 tribe or band, or Alaskan native village, which is recognized by 2-11 federal law or formally acknowledged by a state. 2-12 (15) "Transaction" means an action or set of actions 2-13 occurring between two or more persons relating to the conduct of 2-14 business, commercial, or governmental affairs. 2-15 Sec. 43.003. SCOPE. (a) Except as otherwise provided in 2-16 Subsection (b), this chapter applies to electronic records and 2-17 electronic signatures relating to a transaction. 2-18 (b) This chapter does not apply to a transaction to the 2-19 extent it is governed by: 2-20 (1) a law governing the creation and execution of 2-21 wills, codicils, or testamentary trusts; or 2-22 (2) the Uniform Commercial Code, other than Sections 2-23 1.107 and 1.206 and Chapters 2 and 2A. 2-24 (c) This chapter applies to an electronic record or 2-25 electronic signature otherwise excluded from the application of 2-26 this chapter under Subsection (b) when used for a transaction 2-27 subject to a law other than those specified in Subsection (b). 2-28 (d) A transaction subject to this chapter is also subject to 2-29 other applicable substantive law. 2-30 Sec. 43.004. PROSPECTIVE APPLICATION. This chapter applies 2-31 to any electronic record or electronic signature created, 2-32 generated, sent, communicated, received, or stored on or after 2-33 January 1, 2002. 2-34 Sec. 43.005. USE OF ELECTRONIC RECORDS AND ELECTRONIC 2-35 SIGNATURES; VARIATION BY AGREEMENT. (a) This chapter does not 2-36 require a record or signature to be created, generated, sent, 2-37 communicated, received, stored, or otherwise processed or used by 2-38 electronic means or in electronic form. 2-39 (b) This chapter applies only to transactions between 2-40 parties each of which has agreed to conduct transactions by 2-41 electronic means. Whether the parties agree to conduct a 2-42 transaction by electronic means is determined from the context and 2-43 surrounding circumstances, including the parties' conduct. 2-44 (c) A party that agrees to conduct a transaction by 2-45 electronic means may refuse to conduct other transactions by 2-46 electronic means. The right granted by this subsection may not be 2-47 waived by agreement. 2-48 (d) Except as otherwise provided in this chapter, the effect 2-49 of any of its provisions may be varied by agreement. The presence 2-50 in certain provisions of this chapter of the words "unless 2-51 otherwise agreed," or words of similar import, does not imply that 2-52 the effect of other provisions may not be varied by agreement. 2-53 (e) Whether an electronic record or electronic signature has 2-54 legal consequences is determined by this chapter and other 2-55 applicable law. 2-56 Sec. 43.006. CONSTRUCTION AND APPLICATION. This chapter 2-57 must be construed and applied: 2-58 (1) to facilitate electronic transactions consistent 2-59 with other applicable law; 2-60 (2) to be consistent with reasonable practices 2-61 concerning electronic transactions and with the continued expansion 2-62 of those practices; and 2-63 (3) to effectuate its general purpose to make uniform 2-64 the law with respect to the subject of this chapter among states 2-65 enacting it. 2-66 Sec. 43.007. LEGAL RECOGNITION OF ELECTRONIC RECORDS, 2-67 ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS. (a) A record or 2-68 signature may not be denied legal effect or enforceability solely 2-69 because it is in electronic form. 3-1 (b) A contract may not be denied legal effect or 3-2 enforceability solely because an electronic record was used in its 3-3 formation. 3-4 (c) If a law requires a record to be in writing, an 3-5 electronic record satisfies the law. 3-6 (d) If a law requires a signature, an electronic signature 3-7 satisfies the law. 3-8 Sec. 43.008. PROVISION OF INFORMATION IN WRITING; 3-9 PRESENTATION OF RECORDS. (a) If parties have agreed to conduct a 3-10 transaction by electronic means and a law requires a person to 3-11 provide, send, or deliver information in writing to another person, 3-12 the requirement is satisfied if the information is provided, sent, 3-13 or delivered, as the case may be, in an electronic record capable 3-14 of retention by the recipient at the time of receipt. An 3-15 electronic record is not capable of retention by the recipient if 3-16 the sender or its information processing system inhibits the 3-17 ability of the recipient to print or store the electronic record. 3-18 (b) If a law other than this chapter requires a record (i) 3-19 to be posted or displayed in a certain manner, (ii) to be sent, 3-20 communicated, or transmitted by a specified method, or (iii) to 3-21 contain information that is formatted in a certain manner, the 3-22 following rules apply: 3-23 (1) the record must be posted or displayed in the 3-24 manner specified in the other law; 3-25 (2) except as otherwise provided in Subsection (d)(2), 3-26 the record must be sent, communicated, or transmitted by the method 3-27 specified in the other law; and 3-28 (3) the record must contain the information formatted 3-29 in the manner specified in the other law. 3-30 (c) If a sender inhibits the ability of a recipient to store 3-31 or print an electronic record, the electronic record is not 3-32 enforceable against the recipient. 3-33 (d) The requirements of this section may not be varied by 3-34 agreement, but: 3-35 (1) to the extent a law other than this chapter 3-36 requires information to be provided, sent, or delivered in writing 3-37 but permits that requirement to be varied by agreement, the 3-38 requirement under Subsection (a) that the information be in the 3-39 form of an electronic record capable of retention may also be 3-40 varied by agreement; and 3-41 (2) a requirement under a law other than this chapter 3-42 to send, communicate, or transmit a record by first class mail may 3-43 be varied by agreement to the extent permitted by the other law. 3-44 Sec. 43.009. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND 3-45 ELECTRONIC SIGNATURE. (a) An electronic record or electronic 3-46 signature is attributable to a person if it was the act of the 3-47 person. The act of the person may be shown in any manner, 3-48 including a showing of the efficacy of any security procedure 3-49 applied to determine the person to which the electronic record or 3-50 electronic signature was attributable. 3-51 (b) The effect of an electronic record or electronic 3-52 signature attributed to a person under Subsection (a) is determined 3-53 from the context and surrounding circumstances at the time of its 3-54 creation, execution, or adoption, including the parties' agreement, 3-55 if any, and otherwise as provided by law. 3-56 Sec. 43.010. EFFECT OF CHANGE OR ERROR. (a) If a change or 3-57 error in an electronic record occurs in a transmission between 3-58 parties to a transaction, the rules provided by this section apply. 3-59 (b) If the parties have agreed to use a security procedure 3-60 to detect changes or errors and one party has conformed to the 3-61 procedure, but the other party has not, and the nonconforming party 3-62 would have detected the change or error had that party also 3-63 conformed, the conforming party may avoid the effect of the changed 3-64 or erroneous electronic record. 3-65 (c) In an automated transaction involving an individual, the 3-66 individual may avoid the effect of an electronic record that 3-67 resulted from an error made by the individual in dealing with the 3-68 electronic agent of another person if the electronic agent did not 3-69 provide an opportunity for the prevention or correction of the 4-1 error and, at the time the individual learns of the error, the 4-2 individual: 4-3 (1) promptly notifies the other person of the error 4-4 and that the individual did not intend to be bound by the 4-5 electronic record received by the other person; 4-6 (2) takes reasonable steps, including steps that 4-7 conform to the other person's reasonable instructions, to return to 4-8 the other person or, if instructed by the other person, to destroy 4-9 the consideration received, if any, as a result of the erroneous 4-10 electronic record; and 4-11 (3) has not used or received any benefit or value from 4-12 the consideration, if any, received from the other person. 4-13 (d) If neither Subsection (b) nor Subsection (c) applies, 4-14 the change or error has the effect provided by other law, including 4-15 the law of mistake, and the parties' contract, if any. 4-16 (e) Subsections (c) and (d) may not be varied by agreement. 4-17 Sec. 43.011. NOTARIZATION AND ACKNOWLEDGMENT. If a law 4-18 requires a signature or record to be notarized, acknowledged, 4-19 verified, or made under oath, the requirement is satisfied if the 4-20 electronic signature of the person authorized to perform those 4-21 acts, together with all other information required to be included 4-22 by other applicable law, is attached to or logically associated 4-23 with the signature or record. 4-24 Sec. 43.012. RETENTION OF ELECTRONIC RECORDS; ORIGINALS. 4-25 (a) If a law requires that a record be retained, the requirement 4-26 is satisfied by retaining an electronic record of the information 4-27 in the record which: 4-28 (1) accurately reflects the information set forth in 4-29 the record after it was first generated in its final form as an 4-30 electronic record or otherwise; and 4-31 (2) remains accessible for later reference. 4-32 (b) A requirement to retain a record in accordance with 4-33 Subsection (a) does not apply to any information the sole purpose 4-34 of which is to enable the record to be sent, communicated, or 4-35 received. 4-36 (c) A person may satisfy Subsection (a) by using the 4-37 services of another person if the requirements of that subsection 4-38 are satisfied. 4-39 (d) If a law requires a record to be presented or retained 4-40 in its original form, or provides consequences if the record is not 4-41 presented or retained in its original form, that law is satisfied 4-42 by an electronic record retained in accordance with Subsection (a). 4-43 (e) If a law requires retention of a check, that requirement 4-44 is satisfied by retention of an electronic record of the 4-45 information on the front and back of the check in accordance with 4-46 Subsection (a). 4-47 (f) A record retained as an electronic record in accordance 4-48 with Subsection (a) satisfies a law requiring a person to retain a 4-49 record for evidentiary, audit, or like purposes, unless a law 4-50 enacted after January 1, 2002, specifically prohibits the use of an 4-51 electronic record for the specified purpose. 4-52 (g) This section does not preclude a governmental agency of 4-53 this state from specifying additional requirements for the 4-54 retention of a record subject to the agency's jurisdiction. 4-55 Sec. 43.013. ADMISSIBILITY IN EVIDENCE. In a proceeding, 4-56 evidence of a record or signature may not be excluded solely 4-57 because it is in electronic form. 4-58 Sec. 43.014. AUTOMATED TRANSACTION. (a) In an automated 4-59 transaction, the rules provided by this section apply. 4-60 (b) A contract may be formed by the interaction of 4-61 electronic agents of the parties, even if no individual was aware 4-62 of or reviewed the electronic agents' actions or the resulting 4-63 terms and agreements. 4-64 (c) A contract may be formed by the interaction of an 4-65 electronic agent and an individual, acting on the individual's own 4-66 behalf or for another person, including by an interaction in which 4-67 the individual performs actions that the individual is free to 4-68 refuse to perform and which the individual knows or has reason to 4-69 know will cause the electronic agent to complete the transaction or 5-1 performance. 5-2 (d) The terms of the contract are determined by the 5-3 substantive law applicable to it. 5-4 Sec. 43.015. TIME AND PLACE OF SENDING AND RECEIPT. 5-5 (a) Unless otherwise agreed between the sender and the recipient, 5-6 an electronic record is sent when it: 5-7 (1) is addressed properly or otherwise directed 5-8 properly to an information processing system that the recipient has 5-9 designated or uses for the purpose of receiving electronic records 5-10 or information of the type sent and from which the recipient is 5-11 able to retrieve the electronic record; 5-12 (2) is in a form capable of being processed by that 5-13 system; and 5-14 (3) enters an information processing system outside 5-15 the control of the sender or of a person that sent the electronic 5-16 record on behalf of the sender or enters a region of the 5-17 information processing system designated or used by the recipient 5-18 which is under the control of the recipient. 5-19 (b) Unless otherwise agreed between the sender and the 5-20 recipient, an electronic record is received when: 5-21 (1) it enters an information processing system that 5-22 the recipient has designated or uses for the purpose of receiving 5-23 electronic records or information of the type sent and from which 5-24 the recipient is able to retrieve the electronic record; and 5-25 (2) it is in a form capable of being processed by that 5-26 system. 5-27 (c) Subsection (b) applies even if the place the information 5-28 processing system is located is different from the place the 5-29 electronic record is deemed to be received under Subsection (d). 5-30 (d) Unless otherwise expressly provided in the electronic 5-31 record or agreed between the sender and the recipient, an 5-32 electronic record is deemed to be sent from the sender's place of 5-33 business and to be received at the recipient's place of business. 5-34 For purposes of this subsection, the following rules apply: 5-35 (1) if the sender or the recipient has more than one 5-36 place of business, the place of business of that person is the 5-37 place having the closest relationship to the underlying 5-38 transaction; and 5-39 (2) if the sender or the recipient does not have a 5-40 place of business, the place of business is the sender's or the 5-41 recipient's residence, as the case may be. 5-42 (e) An electronic record is received under Subsection (b) 5-43 even if no individual is aware of its receipt. 5-44 (f) Receipt of an electronic acknowledgment from an 5-45 information processing system described in Subsection (b) 5-46 establishes that a record was received but, by itself, does not 5-47 establish that the content sent corresponds to the content 5-48 received. 5-49 (g) If a person is aware that an electronic record 5-50 purportedly sent under Subsection (a), or purportedly received 5-51 under Subsection (b), was not actually sent or received, the legal 5-52 effect of the sending or receipt is determined by other applicable 5-53 law. Except to the extent permitted by the other law, the 5-54 requirements of this subsection may not be varied by agreement. 5-55 Sec. 43.016. TRANSFERABLE RECORDS. (a) In this section, 5-56 "transferable record" means an electronic record that: 5-57 (1) would be a note under Chapter 3, or a document 5-58 under Chapter 7, if the electronic record were in writing; and 5-59 (2) the issuer of the electronic record expressly has 5-60 agreed is a transferable record. 5-61 (b) A person has control of a transferable record if a 5-62 system employed for evidencing the transfer of interests in the 5-63 transferable record reliably establishes that person as the person 5-64 to which the transferable record was issued or transferred. 5-65 (c) A system satisfies Subsection (b), and a person is 5-66 deemed to have control of a transferable record, if the 5-67 transferable record is created, stored, and assigned in such a 5-68 manner that: 5-69 (1) a single authoritative copy of the transferable 6-1 record exists which is unique, identifiable, and, except as 6-2 otherwise provided in Subdivisions (4), (5), and (6), unalterable; 6-3 (2) the authoritative copy identifies the person 6-4 asserting control as: 6-5 (A) the person to which the transferable record 6-6 was issued; or 6-7 (B) if the authoritative copy indicates that the 6-8 transferable record has been transferred, the person to which the 6-9 transferable record was most recently transferred; 6-10 (3) the authoritative copy is communicated to and 6-11 maintained by the person asserting control or its designated 6-12 custodian; 6-13 (4) copies or revisions that add or change an 6-14 identified assignee of the authoritative copy can be made only with 6-15 the consent of the person asserting control; 6-16 (5) each copy of the authoritative copy and any copy 6-17 of a copy is readily identifiable as a copy that is not the 6-18 authoritative copy; and 6-19 (6) any revision of the authoritative copy is readily 6-20 identifiable as authorized or unauthorized. 6-21 (d) Except as otherwise agreed, a person having control of a 6-22 transferable record is the holder, as defined in Section 1.201, of 6-23 the transferable record and has the same rights and defenses as a 6-24 holder of an equivalent record or writing under the Uniform 6-25 Commercial Code, including, if the applicable statutory 6-26 requirements under Section 3.302(a), 7.501, or 9.330 are satisfied, 6-27 the rights and defenses of a holder in due course, a holder to 6-28 which a negotiable document of title has been duly negotiated, or a 6-29 purchaser, respectively. Delivery, possession, and indorsement are 6-30 not required to obtain or exercise any of the rights under this 6-31 subsection. 6-32 (e) Except as otherwise agreed, an obligor under a 6-33 transferable record has the same rights and defenses as an 6-34 equivalent obligor under equivalent records or writings under the 6-35 Uniform Commercial Code. 6-36 (f) If requested by a person against which enforcement is 6-37 sought, the person seeking to enforce the transferable record shall 6-38 provide reasonable proof that the person is in control of the 6-39 transferable record. Proof may include access to the authoritative 6-40 copy of the transferable record and related business records 6-41 sufficient to review the terms of the transferable record and to 6-42 establish the identity of the person having control of the 6-43 transferable record. 6-44 Sec. 43.017. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC 6-45 RECORDS BY GOVERNMENTAL AGENCIES. (a) Except as otherwise 6-46 provided by Section 43.012(f), each state agency shall determine 6-47 whether, and the extent to which, the agency will send and accept 6-48 electronic records and electronic signatures to and from other 6-49 persons and otherwise create, generate, communicate, store, 6-50 process, use, and rely upon electronic records and electronic 6-51 signatures. 6-52 (b) To the extent that a state agency uses electronic 6-53 records and electronic signatures under Subsection (a), the 6-54 Department of Information Resources and Texas State Library and 6-55 Archives Commission, pursuant to their rulemaking authority under 6-56 other law and giving due consideration to security, may specify: 6-57 (1) the manner and format in which the electronic 6-58 records must be created, generated, sent, communicated, received, 6-59 and stored and the systems established for those purposes; 6-60 (2) if electronic records must be signed by electronic 6-61 means, the type of electronic signature required, the manner and 6-62 format in which the electronic signature must be affixed to the 6-63 electronic record, and the identity of, or criteria that must be 6-64 met by, any third party used by a person filing a document to 6-65 facilitate the process; 6-66 (3) control processes and procedures as appropriate to 6-67 ensure adequate preservation, disposition, integrity, security, 6-68 confidentiality, and auditability of electronic records; and 6-69 (4) any other required attributes for electronic 7-1 records which are specified for corresponding nonelectronic records 7-2 or reasonably necessary under the circumstances. 7-3 (c) Except as otherwise provided in Section 43.012(f), this 7-4 chapter does not require a governmental agency of this state to use 7-5 or permit the use of electronic records or electronic signatures. 7-6 Sec. 43.018. INTEROPERABILITY. The Department of 7-7 Information Resources may encourage and promote consistency and 7-8 interoperability with similar requirements adopted by other 7-9 governmental agencies of this and other states and the federal 7-10 government and nongovernmental persons interacting with 7-11 governmental agencies of this state. If appropriate, those 7-12 standards may specify differing levels of standards from which 7-13 governmental agencies of this state may choose in implementing the 7-14 most appropriate standard for a particular application. 7-15 Sec. 43.019. EXEMPTION TO PREEMPTION BY FEDERAL ELECTRONIC 7-16 SIGNATURES ACT. This chapter modifies, limits, or supersedes the 7-17 provisions of the Electronic Signatures in Global and National 7-18 Commerce Act (15 U.S.C. Section 7001 et seq.) as authorized by 7-19 Section 102 of that Act (15 U.S.C. Section 7002). 7-20 SECTION 2. Subsection (a), Section 191.009, Local Government 7-21 Code, is amended to read as follows: 7-22 (a) A county clerk may accept instruments by electronic 7-23 filing and record the instruments electronically if the filing or 7-24 recording complies with the rules adopted by the Texas State 7-25 Library and Archives Commission under Chapter 195. Such an 7-26 instrument is an electronic record, as defined by Section 43.002, 7-27 Business & Commerce Code. 7-28 SECTION 3. Section 195.002, Local Government Code, is 7-29 amended by adding Subsection (e) to read as follows: 7-30 (e) Notwithstanding Sections 43.017 and 43.018, Business & 7-31 Commerce Code, a county clerk may accept any filed electronic 7-32 record, as defined by Section 43.002, Business & Commerce Code, and 7-33 may electronically record that record if the filing and recording 7-34 of that record complies with rules adopted by the commission under 7-35 this section. 7-36 SECTION 4. Chapter 195, Local Government Code, is amended by 7-37 adding Section 195.009 to read as follows: 7-38 Sec. 195.009. FILING. For purposes of this chapter, an 7-39 instrument is filed with the county clerk when it is received by 7-40 the county clerk, unless the county clerk rejects the filing within 7-41 the time and manner provided by this chapter and rules adopted 7-42 under this chapter. 7-43 SECTION 5. Sections 2.108 and 2A.110, Business & Commerce 7-44 Code, are repealed. 7-45 SECTION 6. (a) Notwithstanding Section 43.019, Business & 7-46 Commerce Code, as added by this Act, Chapter 43, Business & 7-47 Commerce Code, as added by this Act, does not modify, limit, or 7-48 supersede the provisions of Section 101(c) or Section 103(b), 7-49 Electronic Signatures in Global and National Commerce Act (15 7-50 U.S.C. Sections 7001 and 7003), as amended from time to time. 7-51 (b) A regulatory agency of this state, with respect to 7-52 matters within its jurisdiction, by rule or order issued after 7-53 notice and an opportunity for public comment, may exempt without 7-54 condition a specified category or type of record from the 7-55 requirements relating to consent in Section 101(c), Electronic 7-56 Signatures in Global and National Commerce Act (15 U.S.C. Section 7-57 7001), if that exemption is necessary to eliminate a substantial 7-58 burden on electronic commerce and will not increase the material 7-59 risk of harm to consumers. 7-60 (c) If a regulatory agency of this state, with respect to 7-61 matters within its jurisdiction, determines after notice and an 7-62 opportunity for public comment, and publishes a finding, that one 7-63 or more of the exceptions contained in Section 103(b), Electronic 7-64 Signatures in Global and National Commerce Act (15 U.S.C. Section 7-65 7003), are no longer necessary for the protection of consumers and 7-66 that eliminating those exceptions will not increase the material 7-67 risk of harm to consumers, the regulatory agency may extend the 7-68 application of Chapter 43, Business & Commerce Code, as added by 7-69 this Act, to the exceptions identified in that finding. 8-1 SECTION 7. Chapter 43, Business & Commerce Code, as added by 8-2 this Act, does not modify, limit, or supersede Chapter 15, Civil 8-3 Practice and Remedies Code, or Section 35.531, Business & Commerce 8-4 Code. 8-5 SECTION 8. This Act takes effect January 1, 2002. 8-6 * * * * *