Texas 2019 - 86th Regular

Texas House Bill HB402 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 402
	1	+	By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 402
	2	+	(In the Senate - Received from the House April 16, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; April 29, 2019, reported favorably by the
	5	+	following vote: Yeas 9, Nays 0; April 29, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the adoption of the Uniform Electronic Legal Material
6	12		Act.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Chapter 2051, Government Code, is amended by
9	15		adding Subchapter E to read as follows:
10	16		SUBCHAPTER E. UNIFORM ELECTRONIC LEGAL MATERIAL ACT
11	17		Sec. 2051.151. SHORT TITLE. This subchapter may be cited as
12	18		the Uniform Electronic Legal Material Act.
13	19		Sec. 2051.152. DEFINITIONS. In this subchapter:
14	20		(1) "Electronic" means relating to technology having
15	21		electrical, digital, magnetic, wireless, optical, electromagnetic,
16	22		or similar capabilities.
17	23		(2) "Legal material" means, whether or not in effect:
18	24		(A) the constitution of this state;
19	25		(B) the general or special laws passed in a
20	26		regular or special session of the Texas Legislature; and
21	27		(C) a state agency rule adopted in accordance
22	28		with Chapter 2001.
23	29		(3) "Official publisher" means:
24	30		(A) for legal material described by Subdivision
25	31		(2)(A), the Texas Legislative Council; and
26	32		(B) for legal material described by Subdivision
27	33		(2)(B) or (C), the secretary of state.
28	34		(4) "Publish" means displaying, presenting, or
29	35		releasing to the public, or causing to be displayed, presented, or
30	36		released to the public, legal material by the official publisher.
31	37		(5) "Record" means information that is inscribed on a
32	38		tangible medium or that is stored in an electronic or other medium
33	39		and is retrievable in perceivable form.
34	40		Sec. 2051.153. APPLICABILITY. (a) This subchapter applies
35	41		to all legal material in an electronic record that is:
36	42		(1) designated as official by the official publisher
37	43		under Section 2051.154; and
38	44		(2) first published electronically by the official
39	45		publisher on or after January 1, 2021.
40	46		(b) The official publisher is not required to publish legal
41	47		material on or before the date on which the legal material takes
42	48		effect.
43	49		Sec. 2051.154. LEGAL MATERIAL IN OFFICIAL ELECTRONIC
44	50		RECORD. (a) If the official publisher publishes legal material
45	51		only in an electronic record, the official publisher shall:
46	52		(1) designate the electronic record as official; and
47	53		(2) comply with Sections 2051.155, 2051.157, and
48	54		2051.158.
49	55		(b) If the official publisher publishes legal material in an
50	56		electronic record and also publishes the material in a record other
51	57		than an electronic record, the official publisher may designate the
52	58		electronic record as official if the official publisher complies
53	59		with Sections 2051.155, 2051.157, and 2051.158.
54	60		Sec. 2051.155. AUTHENTICATION OF OFFICIAL ELECTRONIC
55	61		RECORD. (a) If the official publisher designates an electronic
56	62		record as official in accordance with Section 2051.154, the
57	63		official publisher shall authenticate the record.
58	64		(b) The official publisher authenticates an electronic
59	65		record by providing a method with which a person viewing the
60	66		electronic record is able to determine that the electronic record
61	67		is unaltered from the official record published by the official
62	68		publisher.
63	69		Sec. 2051.156. EFFECT OF AUTHENTICATION. (a) Legal
64	70		material in an electronic record that is authenticated as provided
65	71		by Section 2051.155 is presumed to be an accurate copy of the legal
66	72		material.
67	73		(b) If another state has adopted a law that is substantially
68	74		similar to this subchapter, legal material in an electronic record
69	75		that is authenticated in that state is presumed to be an accurate
70	76		copy of the legal material.
71	77		(c) A party contesting the authenticity of legal material in
72	78		an electronic record authenticated as provided by Section 2051.155
73	79		has the burden of proving by a preponderance of the evidence that
74	80		the record is not authentic.
75	81		Sec. 2051.157. PRESERVATION AND SECURITY OF LEGAL MATERIAL
76	82		IN OFFICIAL ELECTRONIC RECORD. (a) The official publisher of legal
77	83		material in an electronic record designated as official in
78	84		accordance with Section 2051.154 shall provide for the preservation
79	85		and security of the record in an electronic form or in a form that is
80	86		not electronic.
81	87		(b) If legal material is preserved under Subsection (a) in
82	88		an electronic record, the official publisher shall:
83	89		(1) ensure the integrity of the record;
84	90		(2) provide for backup and disaster recovery of the
85	91		record; and
86	92		(3) ensure the continuing usability of the legal
87	93		material in the record.
88	94		Sec. 2051.158. PUBLIC ACCESS. The official publisher of
89	95		legal material in an electronic record that is required to be
90	96		preserved under Section 2051.157 shall ensure that the material is
91	97		reasonably available for use by the public on a permanent basis.
92	98		Sec. 2051.159. STANDARDS. In implementing this subchapter,
93	99		the official publisher of legal material in an electronic record
94	100		shall consider:
95	101		(1) the standards and practices of other
96	102		jurisdictions;
97	103		(2) the most recent standards regarding
98	104		authentication, preservation, and security of and public access to
99	105		legal material in an electronic record and other electronic
100	106		records, as adopted by national standard-setting bodies;
101	107		(3) the needs of users of legal material in electronic
102	108		records;
103	109		(4) the views of governmental officials and entities
104	110		and other interested persons; and
105	111		(5) to the extent practicable, the methods and
106	112		technologies for the authentication, preservation, and security of
107	113		and public access to legal material that are compatible with the
108	114		methods and technologies used by official publishers in other
109	115		states that have adopted a law that is substantially similar to this
110	116		subchapter.
111	117		Sec. 2051.160. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
112	118		In applying and construing this subchapter, consideration must be
113	119		given to the need to promote uniformity of the law with respect to
114	120		the subject matter of this subchapter among states that enact a law
115	121		similar to this subchapter.
116	122		Sec. 2051.161. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
117	123		AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and
118	124		supersedes the federal Electronic Signatures in Global and National
119	125		Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
120	126		limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
121	127		7001(c)) or authorize electronic delivery of any of the notices
122	128		described in Section 103(b) of that Act (15 U.S.C. Section
123	129		7003(b)).
124	130		SECTION 2. (a) An official publisher in the executive
125	131		branch of state government shall comply with the applicable
126	132		provisions of Subchapter E, Chapter 2051, Government Code, as added
127	133		by this Act, in accordance with an implementation plan developed
128	134		under Subsection (b) of this section.
129	135		(b) The Texas State Library and Archives Commission and an
130	136		official publisher in the executive branch of state government are
131	137		jointly responsible for developing an implementation plan for the
132	138		applicable provisions of Subchapter E, Chapter 2051, Government
133	139		Code, as added by this Act. The implementation plan must:
134	140		(1) for each applicable type of legal material defined
135	141		by Subchapter E, Chapter 2051, Government Code, as added by this
136	142		Act, advise as to the method by which the legal material may be
137	143		authenticated, preserved, and made available on a permanent basis;
138	144		and
139	145		(2) establish a timeline for the official publisher to
140	146		comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158,
141	147		Government Code, as added by this Act.
142	148		(c) The implementation plan developed under Subsection (b)
143	149		of this section may provide for compliance by an official publisher
144	150		in the executive branch of state government with Sections 2051.154,
145	151		2051.155, 2051.157, and 2051.158, Government Code, as added by this
146	152		Act, to be phased in over a period of time.
147	153		(d) The Texas State Library and Archives Commission shall
148	154		provide the implementation plan developed under Subsection (b) of
149	155		this section to the legislature not later than September 1, 2020.
150	156		SECTION 3. (a) An official publisher in the legislative
151	157		branch of state government shall comply with the applicable
152	158		provisions of Subchapter E, Chapter 2051, Government Code, as added
153	159		by this Act, in accordance with an implementation plan developed
154	160		under Subsection (b) of this section.
155	161		(b) An official publisher in the legislative branch of state
156	162		government, in consultation with the lieutenant governor, the
157	163		speaker of the house of representatives, the Senate Committee on
158	164		Administration, and the House Committee on Administration, shall
159	165		develop an implementation plan for the applicable provisions of
160	166		Subchapter E, Chapter 2051, Government Code, as added by this Act.
161	167		The implementation plan must:
162	168		(1) for each applicable type of legal material defined
163	169		by Subchapter E, Chapter 2051, Government Code, as added by this
164	170		Act, recommend the method by which the legal material may be
165	171		authenticated, preserved, and made available on a permanent basis;
166	172		and
167	173		(2) establish a timeline for the official publisher to
168	174		comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158,
169	175		Government Code, as added by this Act.
170	176		(c) The implementation plan developed under Subsection (b)
171	177		of this section may provide for compliance by an official publisher
172	178		in the legislative branch of state government with Sections
173	179		2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as
174	180		added by this Act, to be phased in over a period of time.
175	181		(d) An official publisher in the legislative branch of state
176	182		government shall provide the implementation plan developed under
177	183		Subsection (b) of this section to the lieutenant governor and
178	184		speaker of the house of representatives not later than September 1,
179	185		2020.
180	186		SECTION 4. This Act takes effect September 1, 2019.
181		-	______________________________ ______________________________
182		-	President of the Senate Speaker of the House
183		-	I certify that H.B. No. 402 was passed by the House on April
184		-	16, 2019, by the following vote: Yeas 134, Nays 1, 1 present, not
185		-	voting.
186		-	______________________________
187		-	Chief Clerk of the House
188		-	I certify that H.B. No. 402 was passed by the Senate on May
189		-	10, 2019, by the following vote: Yeas 31, Nays 0.
190		-	______________________________
191		-	Secretary of the Senate
192		-	APPROVED: _____________________
193		-	Date
194		-	_____________________
195		-	Governor
	187	+	* * * * *