Texas Business & Commerce Code - Section 43.002. Definitions
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 43.002. Definitions
§ 43.002. DEFINITIONS. In this chapter:
(1) "Agreement" means the bargain of the parties in
fact, as found in their language or inferred from other
circumstances and from rules, regulations, and procedures given the
effect of agreements under laws otherwise applicable to a
particular transaction.
(2) "Automated transaction" means a transaction
conducted or performed, in whole or in part, by electronic means or
electronic records, in which the acts or records of one or both
parties are not reviewed by an individual in the ordinary course in
forming a contract, performing under an existing contract, or
fulfilling an obligation required by the transaction.
(3) "Computer program" means a set of statements or
instructions to be used directly or indirectly in an information
processing system in order to bring about a certain result.
(4) "Contract" means the total legal obligation
resulting from the parties' agreement as affected by this chapter
and other applicable law.
(5) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities.
(6) "Electronic agent" means a computer program or an
electronic or other automated means used independently to initiate
an action or respond to electronic records or performances in whole
or in part, without review or action by an individual.
(7) "Electronic record" means a record created,
generated, sent, communicated, received, or stored by electronic
means.
(8) "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign
the record.
(9) "Governmental agency" means an executive,
legislative, or judicial agency, department, board, commission,
authority, institution, or instrumentality of the federal
government or of a state or of a county, municipality, or other
political subdivision of a state.
(10) "Information" means data, text, images, sounds,
codes, computer programs, software, databases, or the like.
(11) "Information processing system" means an
electronic system for creating, generating, sending, receiving,
storing, displaying, or processing information.
(12) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
(13) "Security procedure" means a procedure employed
for the purpose of verifying that an electronic signature, record,
or performance is that of a specific person or for detecting changes
or errors in the information in an electronic record. The term
includes a procedure that requires the use of algorithms or other
codes, identifying words or numbers, encryption, or callback or
other acknowledgment procedures.
(14) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes an Indian
tribe or band, or Alaskan native village, which is recognized by
federal law or formally acknowledged by a state.
(15) "Transaction" means an action or set of actions
occurring between two or more persons relating to the conduct of
business, commercial, or governmental affairs.
Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. Jan. 1, 2002.
Section: 41.303 42.001 42.002 42.003 42.004 42.005 43.001 43.002 43.003 43.004 43.005 43.006 43.007 43.008 43.009
Last modified: August 10, 2007
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