H.B. No. 402
AN ACT
relating to the adoption of the Uniform Electronic Legal Material
Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2051, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. UNIFORM ELECTRONIC LEGAL MATERIAL ACT
Sec. 2051.151. SHORT TITLE. This subchapter may be cited as
the Uniform Electronic Legal Material Act.
Sec. 2051.152. DEFINITIONS. In this subchapter:
(1) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities.
(2) "Legal material" means, whether or not in effect:
(A) the constitution of this state;
(B) the general or special laws passed in a
regular or special session of the Texas Legislature; and
(C) a state agency rule adopted in accordance
with Chapter 2001.
(3) "Official publisher" means:
(A) for legal material described by Subdivision
(2)(A), the Texas Legislative Council; and
(B) for legal material described by Subdivision
(2)(B) or (C), the secretary of state.
(4) "Publish" means displaying, presenting, or
releasing to the public, or causing to be displayed, presented, or
released to the public, legal material by the official publisher.
(5) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
Sec. 2051.153. APPLICABILITY. (a) This subchapter applies
to all legal material in an electronic record that is:
(1) designated as official by the official publisher
under Section 2051.154; and
(2) first published electronically by the official
publisher on or after January 1, 2021.
(b) The official publisher is not required to publish legal
material on or before the date on which the legal material takes
effect.
Sec. 2051.154. LEGAL MATERIAL IN OFFICIAL ELECTRONIC
RECORD. (a) If the official publisher publishes legal material
only in an electronic record, the official publisher shall:
(1) designate the electronic record as official; and
(2) comply with Sections 2051.155, 2051.157, and
2051.158.
(b) If the official publisher publishes legal material in an
electronic record and also publishes the material in a record other
than an electronic record, the official publisher may designate the
electronic record as official if the official publisher complies
with Sections 2051.155, 2051.157, and 2051.158.
Sec. 2051.155. AUTHENTICATION OF OFFICIAL ELECTRONIC
RECORD. (a) If the official publisher designates an electronic
record as official in accordance with Section 2051.154, the
official publisher shall authenticate the record.
(b) The official publisher authenticates an electronic
record by providing a method with which a person viewing the
electronic record is able to determine that the electronic record
is unaltered from the official record published by the official
publisher.
Sec. 2051.156. EFFECT OF AUTHENTICATION. (a) Legal
material in an electronic record that is authenticated as provided
by Section 2051.155 is presumed to be an accurate copy of the legal
material.
(b) If another state has adopted a law that is substantially
similar to this subchapter, legal material in an electronic record
that is authenticated in that state is presumed to be an accurate
copy of the legal material.
(c) A party contesting the authenticity of legal material in
an electronic record authenticated as provided by Section 2051.155
has the burden of proving by a preponderance of the evidence that
the record is not authentic.
Sec. 2051.157. PRESERVATION AND SECURITY OF LEGAL MATERIAL
IN OFFICIAL ELECTRONIC RECORD. (a) The official publisher of legal
material in an electronic record designated as official in
accordance with Section 2051.154 shall provide for the preservation
and security of the record in an electronic form or in a form that is
not electronic.
(b) If legal material is preserved under Subsection (a) in
an electronic record, the official publisher shall:
(1) ensure the integrity of the record;
(2) provide for backup and disaster recovery of the
record; and
(3) ensure the continuing usability of the legal
material in the record.
Sec. 2051.158. PUBLIC ACCESS. The official publisher of
legal material in an electronic record that is required to be
preserved under Section 2051.157 shall ensure that the material is
reasonably available for use by the public on a permanent basis.
Sec. 2051.159. STANDARDS. In implementing this subchapter,
the official publisher of legal material in an electronic record
shall consider:
(1) the standards and practices of other
jurisdictions;
(2) the most recent standards regarding
authentication, preservation, and security of and public access to
legal material in an electronic record and other electronic
records, as adopted by national standard-setting bodies;
(3) the needs of users of legal material in electronic
records;
(4) the views of governmental officials and entities
and other interested persons; and
(5) to the extent practicable, the methods and
technologies for the authentication, preservation, and security of
and public access to legal material that are compatible with the
methods and technologies used by official publishers in other
states that have adopted a law that is substantially similar to this
subchapter.
Sec. 2051.160. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this subchapter, consideration must be
given to the need to promote uniformity of the law with respect to
the subject matter of this subchapter among states that enact a law
similar to this subchapter.
Sec. 2051.161. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and
supersedes the federal Electronic Signatures in Global and National
Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
7001(c)) or authorize electronic delivery of any of the notices
described in Section 103(b) of that Act (15 U.S.C. Section
7003(b)).
SECTION 2. (a) An official publisher in the executive
branch of state government shall comply with the applicable
provisions of Subchapter E, Chapter 2051, Government Code, as added
by this Act, in accordance with an implementation plan developed
under Subsection (b) of this section.
(b) The Texas State Library and Archives Commission and an
official publisher in the executive branch of state government are
jointly responsible for developing an implementation plan for the
applicable provisions of Subchapter E, Chapter 2051, Government
Code, as added by this Act. The implementation plan must:
(1) for each applicable type of legal material defined
by Subchapter E, Chapter 2051, Government Code, as added by this
Act, advise as to the method by which the legal material may be
authenticated, preserved, and made available on a permanent basis;
and
(2) establish a timeline for the official publisher to
comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158,
Government Code, as added by this Act.
(c) The implementation plan developed under Subsection (b)
of this section may provide for compliance by an official publisher
in the executive branch of state government with Sections 2051.154,
2051.155, 2051.157, and 2051.158, Government Code, as added by this
Act, to be phased in over a period of time.
(d) The Texas State Library and Archives Commission shall
provide the implementation plan developed under Subsection (b) of
this section to the legislature not later than September 1, 2020.
SECTION 3. (a) An official publisher in the legislative
branch of state government shall comply with the applicable
provisions of Subchapter E, Chapter 2051, Government Code, as added
by this Act, in accordance with an implementation plan developed
under Subsection (b) of this section.
(b) An official publisher in the legislative branch of state
government, in consultation with the lieutenant governor, the
speaker of the house of representatives, the Senate Committee on
Administration, and the House Committee on Administration, shall
develop an implementation plan for the applicable provisions of
Subchapter E, Chapter 2051, Government Code, as added by this Act.
The implementation plan must:
(1) for each applicable type of legal material defined
by Subchapter E, Chapter 2051, Government Code, as added by this
Act, recommend the method by which the legal material may be
authenticated, preserved, and made available on a permanent basis;
and
(2) establish a timeline for the official publisher to
comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158,
Government Code, as added by this Act.
(c) The implementation plan developed under Subsection (b)
of this section may provide for compliance by an official publisher
in the legislative branch of state government with Sections
2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as
added by this Act, to be phased in over a period of time.
(d) An official publisher in the legislative branch of state
government shall provide the implementation plan developed under
Subsection (b) of this section to the lieutenant governor and
speaker of the house of representatives not later than September 1,
2020.
SECTION 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 402 was passed by the House on April
16, 2019, by the following vote: Yeas 134, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 402 was passed by the Senate on May
10, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor