13 TAC §6.97
The Texas State Library and Archives Commission adopts new §6.97,
relating to the management of electronic transactions and signed records under
the Uniform Electronic Transactions Act (UETA), without changes to the proposed
text as published in the December 13, 2002, issue of the
Texas Register
(27 TexReg 11681) and will not be republished.
UETA became effective in Texas on January 1, 2002, and is codified at the
Business and Commerce Code, Chapter 43.The Business & Commerce Code, §43.017
requires each state agency to determine whether, and the extent to which,
it 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. UETA provides
that the Texas State Library and Archives Commission and the Department of
Information Resources may adopt rules concerning (1) the manner and format
in which the electronic records must be created, generated, sent, communicated,
received, and stored and the systems established for those purposes; (2) if
electronic records must be signed by electronic means, the type of electronic
signature required, the manner and format in which the electronic signature
must be affixed in the electronic record, and the identity of, or criteria
that must be met by, any third party used by a person filing a document to
facilitate the process; (3) control processes and procedures as appropriate
to ensure adequate preservation, disposition, integrity, security, confidentiality,
and auditability of electronic records; and (4) any other required attributes
for electronic records which are specified for corresponding non-electronic
records or reasonably necessary under the circumstances. New §6.97 establishes
guidelines for the management of electronic transactions and signed records
that must be followed by state agencies that send and accept electronic records
and electronic signatures or otherwise create, generate, communicate, store,
process, use, and rely upon electronic records and electronic signatures.
The guide is available at http://www.tsl.state.tx.us/slrm/recordspubs/index.html#ueta.
The Guidelines for the Management of Electronic Transactions and Signed Records
was published in the December 13, 2002, issue of the
Texas Register
(27 TexReg 11800) and will not be republished.
Use of the guidelines will help ensure the preservation of the electronic
transactions and electronic signatures in a form that safeguards their authenticity,
reliability, integrity, and trustworthiness. Use of the guidelines should
also create greater public confidence in the reliability of electronic state
agency records.
No comments were received regarding adoption of the new section.
The new section is adopted pursuant to the Government Code, §§441.189
and 441.199, which provide that the commission may adopt rules regarding the
management and preservation of state records, including electronic state records,
and the Business and Commerce Code, §43.017, which provides that the
commission may adopt rules under UETA.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 20, 2003.
TRD-200301279
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 12, 2003
Proposal publication date: December 13, 2002
For further information, please call: (512) 463-5459