Texas Business & Commerce Code - Section 43.012. Retention Of Electronic Records; Originals
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 43.012. Retention Of Electronic Records; Originals
§ 43.012. RETENTION OF ELECTRONIC RECORDS;
ORIGINALS. (a) If a law requires that a record be retained, the
requirement is satisfied by retaining an electronic record of the
information in the record which:
(1) accurately reflects the information set forth in
the record after it was first generated in its final form as an
electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record in accordance with
Subsection (a) does not apply to any information the sole purpose of
which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy Subsection (a) by using the
services of another person if the requirements of that subsection
are satisfied.
(d) If a law requires a record to be presented or retained in
its original form, or provides consequences if the record is not
presented or retained in its original form, that law is satisfied by
an electronic record retained in accordance with Subsection (a).
(e) If a law requires retention of a check, that requirement
is satisfied by retention of an electronic record of the
information on the front and back of the check in accordance with
Subsection (a).
(f) A record retained as an electronic record in accordance
with Subsection (a) satisfies a law requiring a person to retain a
record for evidentiary, audit, or like purposes, unless a law
enacted after January 1, 2002, specifically prohibits the use of an
electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of
this state from specifying additional requirements for the
retention of a record subject to the agency's jurisdiction.
Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. Jan. 1, 2002.
Section: 43.005 43.006 43.007 43.008 43.009 43.010 43.011 43.012 43.013 43.014 43.015 43.016 43.017 43.018 43.019
Last modified: August 10, 2007
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