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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of electronic signatures that employ blockchain |
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or distributed ledger technology in certain business or |
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governmental transactions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 322.002(8), Business & Commerce Code, is |
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amended to read as follows: |
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(8) "Electronic signature" means an electronic sound, |
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symbol, or process, including one that employs blockchain or |
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distributed ledger technology, attached to or logically associated |
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with a record and executed or adopted by a person with the intent to |
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sign the record. |
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SECTION 2. Section 322.017, Business & Commerce Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d) to read as follows: |
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(a) Except as otherwise provided by Subsection (d) or |
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Section 322.012(f), each state agency shall determine whether, and |
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the extent to which, the agency will send and accept electronic |
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records and electronic signatures to and from other persons and |
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otherwise create, generate, communicate, store, process, use, and |
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rely upon electronic records and electronic signatures. |
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(c) Except as otherwise provided in Subsection (d) or |
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Section 322.012(f), this chapter does not require a governmental |
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agency of this state to use or permit the use of electronic records |
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or electronic signatures. |
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(d) A governmental agency of this state must accept valid |
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electronic signatures. An electronic signature that employs |
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blockchain or distributed ledger technology is a valid electronic |
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signature for: |
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(1) the issuance of an apostille by the secretary of |
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state, if the apostille may be signed using an electronic |
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signature; or |
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(2) a contract entered into by a governmental agency |
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of this state. |
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SECTION 3. This Act takes effect September 1, 2021. |