Texas Business & Commerce Code - Section 43.008. Provision Of Information In Writing; Presentation Of Records
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 43.008. Provision Of Information In Writing; Presentation Of Records
§ 43.008. PROVISION OF INFORMATION IN WRITING;
PRESENTATION OF RECORDS. (a) If parties have agreed to conduct a
transaction by electronic means and a law requires a person to
provide, send, or deliver information in writing to another person,
the requirement is satisfied if the information is provided, sent,
or delivered, as the case may be, in an electronic record capable of
retention by the recipient at the time of receipt. An electronic
record is not capable of retention by the recipient if the sender or
its information processing system inhibits the ability of the
recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record (i) to
be posted or displayed in a certain manner, (ii) to be sent,
communicated, or transmitted by a specified method, or (iii) to
contain information that is formatted in a certain manner, the
following rules apply:
(1) the record must be posted or displayed in the
manner specified in the other law;
(2) except as otherwise provided in Subsection (d)(2),
the record must be sent, communicated, or transmitted by the method
specified in the other law; and
(3) the record must contain the information formatted
in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store
or print an electronic record, the electronic record is not
enforceable against the recipient.
(d) The requirements of this section may not be varied by
agreement, but:
(1) to the extent a law other than this chapter
requires information to be provided, sent, or delivered in writing
but permits that requirement to be varied by agreement, the
requirement under Subsection (a) that the information be in the
form of an electronic record capable of retention may also be varied
by agreement; and
(2) a requirement under a law other than this chapter
to send, communicate, or transmit a record by first class mail may
be varied by agreement to the extent permitted by the other law.
Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. Jan. 1, 2002.
Section: 43.001 43.002 43.003 43.004 43.005 43.006 43.007 43.008 43.009 43.010 43.011 43.012 43.013 43.014 43.015
Last modified: August 10, 2007
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