Texas House Bill HB402

Texas 2019 - 86th Regular

Caption

Relating to the adoption of the Uniform Electronic Legal Material Act.

Impact

The passage of HB402 is significant for the state's legal framework, as it will require official publishers, such as the Texas Legislative Council and the Secretary of State, to authenticate electronic legal materials and ensure their long-term preservation. The requirement for public access to these materials reflects an increasing recognition of the importance of transparency and accessibility in government functions. By enabling legal materials to be authenticated and preserved in electronic form, the bill provides a modern approach to handling public documentation in a digital age, responding to the growing need for efficiency and accessibility in government records.

Summary

House Bill 402 pertains to the adoption of the Uniform Electronic Legal Material Act (UELMA), which aims to establish a framework for the creation, authentication, preservation, and public access to legal materials in electronic format. It amends Chapter 2051 of the Government Code by introducing Subchapter E, which clarifies the responsibilities of official publishers and outlines the standards necessary for electronic records that are designated as official legal documents. This framework is intended to ensure that legal materials, such as state laws and agency rules, are reliable and accessible to the public in a secure digital environment.

Sentiment

Overall, sentiment regarding HB402 appears to be positive among those who support modernizing state laws regarding the management of legal materials. Proponents argue that this bill will streamline access to important legal documents, thereby enhancing public trust in government processes. Conversely, there may be concerns about the potential costs and technical challenges associated with implementing these new processes, particularly for smaller jurisdictions or for publishers who may struggle to adapt to the electronic-only model that the bill promotes.

Contention

Notable points of contention could arise concerning the implementation schedules and funding for the transition to electronic records management, particularly as different agencies may have varying levels of readiness to comply with the new standards. Another point of debate may focus on the authenticity measures mandated by the act, as questions about digital security and the risk of manipulation or loss of information in electronic formats will require thorough consideration. As states adopt similar measures, comparisons to other jurisdictions may influence how Texas approaches the implementation of these standards.