Texas Business & Commerce Code - Section 43.005. Use Of Electronic Records And Electronic Signatures; Variation By Agreement
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 43.005. Use Of Electronic Records And Electronic Signatures; Variation By Agreement
§ 43.005. USE OF ELECTRONIC RECORDS AND ELECTRONIC
SIGNATURES; VARIATION BY AGREEMENT. (a) This chapter does not
require a record or signature to be created, generated, sent,
communicated, received, stored, or otherwise processed or used by
electronic means or in electronic form.
(b) This chapter applies only to transactions between
parties each of which has agreed to conduct transactions by
electronic means. Whether the parties agree to conduct a
transaction by electronic means is determined from the context and
surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by
electronic means may refuse to conduct other transactions by
electronic means. The right granted by this subsection may not be
waived by agreement.
(d) Except as otherwise provided in this chapter, the effect
of any of its provisions may be varied by agreement. The presence
in certain provisions of this chapter of the words "unless
otherwise agreed," or words of similar import, does not imply that
the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature
has legal consequences is determined by this chapter and other
applicable law.
Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. Jan. 1, 2002.
Section: 42.003 42.004 42.005 43.001 43.002 43.003 43.004 43.005 43.006 43.007 43.008 43.009 43.010 43.011 43.012
Last modified: August 10, 2007
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