Texas Business & Commerce Code - Section 43.017. Acceptance And Distribution Of Electronic Records By Governmental Agencies
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§ 43.017. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC
RECORDS BY GOVERNMENTAL AGENCIES. (a) Except as otherwise
provided by Section 43.012(f), each state agency shall determine
whether, and the extent to which, the agency will send and accept
electronic records and electronic signatures to and from other
persons and otherwise create, generate, communicate, store,
process, use, and rely upon electronic records and electronic
signatures.
(b) To the extent that a state agency uses electronic
records and electronic signatures under Subsection (a), the
Department of Information Resources and Texas State Library and
Archives Commission, pursuant to their rulemaking authority under
other law and giving due consideration to security, may specify:
(1) the manner and format in which the electronic
records must be created, generated, sent, communicated, received,
and stored and the systems established for those purposes;
(2) if electronic records must be signed by electronic
means, the type of electronic signature required, the manner and
format in which the electronic signature must be affixed to the
electronic record, and the identity of, or criteria that must be met
by, any third party used by a person filing a document to facilitate
the process;
(3) control processes and procedures as appropriate to
ensure adequate preservation, disposition, integrity, security,
confidentiality, and auditability of electronic records; and
(4) any other required attributes for electronic
records which are specified for corresponding nonelectronic
records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in Section 43.012(f), this
chapter does not require a governmental agency of this state to use
or permit the use of electronic records or electronic signatures.
Added by Acts 2001, 77th Leg., ch. 702, § 1, eff. Jan. 1, 2002.
Section: 43.010 43.011 43.012 43.013 43.014 43.015 43.016 43.017 43.018 43.019 43.020 43.021 44.001 44.002 44.003
Last modified: August 10, 2007
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