TITLE 1.ADMINISTRATION

Chapter 173. INDIGENT DEFENSE GRANTS

The Task Force on Indigent Defense (Task Force) is a permanent Standing Committee of the Texas Judicial Council. The Task Force adopts an amendment to §173.309, concerning permitting the Task Force at its discretion to authorize extensions to grants awarded under the indigent defense grant program, rather than only at the request of a grantee county in accordance with §173.307(c)(3). The amended section is adopted without changes to the proposed text as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1033) and will not be republished.

Chapter 173 establishes the guidelines for the administration of a new grant program for counties to improve indigent defense services. The amended section is adopted to give the Task Force flexibility to extend grant periods to ensure that counties have sufficient time to expend grant funding previously awarded.

No comments were received regarding adoption of the amended section.

The amended section is adopted under the authority of Texas Government Code §71.062 (Technical Support; Grants), concerning the grant and aid program, that provides the Task Force authority to provide grants to assist counties to improve indigent defense practices in the state and to promote compliance with state law concerning indigent defense practices. The Task Force interprets Texas Government Code §71.062 to require the Task Force to adopt by rule the guidelines for administering the grant program.

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 April 28, 2003.

TRD-200302676

Wesley Shackelford

Special Counsel to Task Force on Indigent Defense

Texas Judicial Council

Effective date: May 18, 2003

Proposal publication date: February 7, 2003

For further information, please call: (512) 936-6994

Part 10. DEPARTMENT OF INFORMATION RESOURCES

Chapter 201. PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES

1 TAC §201.5

The Department of Information Resources (department) adopts new §201.5, concerning department vehicle use without changes to the proposed text as published in the November 30, 2002, issue of the Texas Register (27 TexReg 10521) and will not be republished.

The new rule is required by Texas Government Code Section 2171.1045, for agencies that are responsible for multiple vehicles. The cited Government Code section requires agencies to have rules, which comply with the State Vehicle Management Plan, promulgated by the Texas Building and Procurement Commission. The adopted rule complies with these directives.

No comments were received in response to the proposed rule.

The rule is adopted pursuant to Texas Government Code §2171.1045, which requires state agencies to adopt rules relating to the assignment and use of the agency's vehicles.

Texas Government Code §2054.052(a) and §2171.1045 are affected by the new rule.

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 May 1, 2003.

TRD-200302713

Renee Mauzy

General Counsel

Department of Information Resources

Effective date: May 21, 2003

Proposal publication date: November 30, 2002

For further information, please call: (512) 475-2153

1 TAC §201.15

The Department of Information Resources (department) adopts amended §201.15, relating to charges for copies of public records without changes to the proposed text as published in the February 14, 2003, issue of the Texas Register (28 TexReg 1301) and will not be republished.

The amendment to the rule corrects several references, deletes the definitions and the summary of charges that were within the rule, provides that the department will follow the public records charges rules of the Texas Building and Procurement Commission, as they may be amended from time to time, and provides that the department may waive charging for copies pursuant to Texas Government Code §552.267.

No comments were received in response to the proposed amendment.

The amendment is adopted in accordance with Texas Government Code §2054.052(a), which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act and Texas Government Code, Chapter 552, Subchapter F, relating to charges for providing copies of public information.

The amended rule affects Texas Government Code, Chapter 552, Subchapter F.

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 May 1, 2003.

TRD-200302714

Renee Mauzy

General Counsel

Department of Information Resources

Effective date: May 21, 2003

Proposal publication date: February 14, 2003

For further information, please call: (512) 475-2153

Chapter 203. MANAGEMENT OF ELECTRONIC TRANSACTIONS AND SIGNED RECORDS

1 TAC §203.1, §203.2

The Department of Information Resources (department) adopts new §203.1, relating to definitions and new §203.2, relating to guidelines for the management of electronic transactions and signed records under the Uniform Electronic Transactions Act. Section 203.2 is adopted with changes to the text as published in the November 8, 2002, issue of the Texas Register (27 TexReg 10522). The changes are in subsections (b) and (c). Section 203.1 is adopted without changes and will not be republished.

Section 203.1 provides definitions applicable to the chapter. Section 203.2 adopts the Guidelines for the Management of Electronic Transactions and Signed Records as a rule of the department 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 Guidelines are available at http://www.dir.state.tx.us/standards/UETA_Guideline.htm. The department is changing §203.2, subsection (b) and (c) from what was proposed last November, by striking "as they may be amended from time to time by the department." The change clarifies that the department will not change the Guidelines without following the rulemaking process established by the Administrative Procedure Act.

The department received comments from the Texas Department of Transportation. The comments were generally supportive of the proposed rules, however, two issues were identified. The Texas Department of Transportation requested that the department repeal or modify its existing rule relating to digital signatures, 1 T.A.C. §201.14. The department disagrees with the recommendation. Department staff believes that the two rules are not inconsistent and contain distinct requirements. While the digital signature rule is not being amended or repealed as part of the rulemaking for 1 T.A.C. §203.1 and §203.2, the department anticipates proposing an amendment to §201.14 later to consolidate the digital signature rule into the management of electronic transactions and signed records rules. Simultaneously, the department would propose the repeal of the digital signature rule.

The Texas Department of Transportation's second comment concerned its disagreement with the statement in the preamble to the proposed rules that the rules would not affect the cost to local governments. We disagree with the Texas Department of Transportation's opinion that these rules have a fiscal impact on local governments. The department has authority to implement rules relating to state agencies, but it does not have authority to adopt rules applicable to local governments. Local governments may choose to follow the rules, but they are not required to. Therefore, there is not a fiscal cost to local governments.

The new rules are adopted in accordance with Texas Government Code §2054.052(a), which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act and Texas Business and Commerce Code, §43.017, which provides that the department may adopt rules applicable to state agencies under the Uniform Electronic Transactions Act.

The new rules affect Texas Business and Commerce Code, §43.017.

§203.2.Guidelines for the Management of Electronic Transactions and Signed Records.

(a) General. The Guidelines for the Management of Electronic Transactions and Signed Records, which are available at http://www.dir.state.tx.us/standards/UETA_Guideline.htm were adopted by the department based on the work and recommendations of the Uniform Electronic Transactions Act Task Force. The Uniform Electronic Transactions Act Task Force was jointly created by the department and the Texas State Library and Archives Commission to advise the agencies on the rules each might adopt pursuant to Texas Business and Commerce Code §43.017.

(b) Applicability. The Guidelines for the Management of Electronic Transactions and Signed Records are applicable to state agencies that send and accept electronic records and electronic signatures to and from other persons and to state agencies that otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(c) Contents. The Guidelines for the Management of Electronic Transactions and Signed Records describe electronic records, electronic signatures and trustworthy records; describe common types of risks that pertain to electronic transactions and signed records, describe the need for, and how to conduct risk assessments, as well as how to conduct a cost/benefit analysis to determine if the electronic transaction is practical. The Guidelines also discuss risk mitigation and security relating to electronic records and signatures; and records management issues, including life cycle vs. system development life cycle, preservation of electronically signed records, and the role of records managers and auditors in the implementation of a process to accept electronically signed documents. The Guidelines include appendices that discuss current electronic signature technologies, contain a checklist for evaluating electronic signatures, discuss the technical considerations of various electronic signature alternatives and briefly comment on the International Organization for Standardization nonrepudiation model.

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 May 1, 2003.

TRD-200302717

Renee Mauzy

General Counsel

Department of Information Resources

Effective date: May 21, 2003

Proposal publication date: November 8, 2002

For further information, please call: (512) 475-2153