Bill Text: TX HB402 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the adoption of the Uniform Electronic Legal Material Act.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2019-05-24 - Effective on 9/1/19 [HB402 Detail]
Download: Texas-2019-HB402-Comm_Sub.html
Bill Title: Relating to the adoption of the Uniform Electronic Legal Material Act.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2019-05-24 - Effective on 9/1/19 [HB402 Detail]
Download: Texas-2019-HB402-Comm_Sub.html
| By: Thompson of Harris (Senate Sponsor - Zaffirini) | H.B. No. 402 | |
| (In the Senate - Received from the House April 16, 2019; | ||
| April 17, 2019, read first time and referred to Committee on | ||
| Business & Commerce; April 29, 2019, reported favorably by the | ||
| following vote: Yeas 9, Nays 0; April 29, 2019, sent to printer.) | ||
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| 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. | ||
| * * * * * | ||
