87R1812 JES-D By: Paxton S.B. No. 344 A BILL TO BE ENTITLED AN ACT relating to the use of electronic signatures that employ blockchain or distributed ledger technology in certain business or governmental transactions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 322.002(8), Business & Commerce Code, is amended to read as follows: (8) "Electronic signature" means an electronic sound, symbol, or process, including one that employs blockchain or distributed ledger technology, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. SECTION 2. Section 322.017, Business & Commerce Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows: (a) Except as otherwise provided by Subsection (d) or Section 322.012(f), each state agency shall determine whether, and the extent to which, the agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (c) Except as otherwise provided in Subsection (d) or Section 322.012(f), this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures. (d) A governmental agency of this state must accept valid electronic signatures. An electronic signature that employs blockchain or distributed ledger technology is a valid electronic signature for: (1) the issuance of an apostille by the secretary of state, if the apostille may be signed using an electronic signature; or (2) a contract entered into by a governmental agency of this state. SECTION 3. This Act takes effect September 1, 2021.