Relating to electronic submission and delivery of public securities and records of proceedings for those securities.
Impact
The implementation of SB2791 is expected to significantly modernize the procedures surrounding public securities in Texas. By mandating electronic submissions, the process will likely reduce paperwork, minimize processing times, and improve overall accessibility to public records. The transition to an electronic format also aims to reduce administrative burdens for both issuers and state officials, facilitating a more responsive governmental process. In doing so, it may also increase transparency and accountability in how public finances are documented and accessed.
Summary
SB2791, titled the Electronic Submission and Delivery Act, proposes to amend Chapter 1202 of the Government Code in Texas by introducing provisions for the electronic submission and delivery of public securities and records related to those securities. This bill aims to streamline the process by which issuers submit documents for approval to the attorney general, thereby enhancing efficiency in handling public securities. It requires that submissions be made electronically and accompanied by electronic signatures, aligning with contemporary practices in document management and submission across government entities.
Contention
While the bill has clear advantages regarding efficiency and modernization, there may be concerns regarding the digital divide and the reliance on technology. Stakeholders could argue that not all entities have equal access to digital resources, potentially disadvantaging smaller issuers or those in rural areas. Additionally, there may be discussions around the security of electronic submissions and the integrity of the records maintained electronically, which are critical factors in maintaining public trust in governmental processes.
Texas Constitutional Statutes Affected
Government Code
Chapter 1202. Examination And Registration Of Public Securities
Relating to the examination fee imposed by the attorney general for the examination of a record of proceedings for the issuance of public securities and the uses of revenue from that fee; increasing a fee.
Relating to a prohibition on the enactment of a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.
Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.