85R6316 CJC-F     By: Thompson of Harris H.B. No. 1032       A BILL TO BE ENTITLED   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 and statutes 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.                (6)  "State" means a state of the United States, the   District of Columbia, Puerto Rico, the United States Virgin   Islands, or any territory or insular possession subject to the   jurisdiction of the United States.          Sec. 2051.153.  APPLICABILITY. 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, 2019.          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 the 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.  This Act takes effect January 1, 2018.