H.B. No. 402
 
 
 
 
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 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.
         Sec. 2051.153.  APPLICABILITY. (a)  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, 2021.
         (b)  The official publisher is not required to publish legal
  material on or before the date on which the legal material takes
  effect.
         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 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.  (a) An official publisher in the executive
  branch of state government shall comply with the applicable
  provisions of Subchapter E, Chapter 2051, Government Code, as added
  by this Act, in accordance with an implementation plan developed
  under Subsection (b) of this section.
         (b)  The Texas State Library and Archives Commission and an
  official publisher in the executive branch of state government are
  jointly responsible for developing an implementation plan for the
  applicable provisions of Subchapter E, Chapter 2051, Government
  Code, as added by this Act. The implementation plan must:
               (1)  for each applicable type of legal material defined
  by Subchapter E, Chapter 2051, Government Code, as added by this
  Act, advise as to the method by which the legal material may be
  authenticated, preserved, and made available on a permanent basis;
  and
               (2)  establish a timeline for the official publisher to
  comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158,
  Government Code, as added by this Act.
         (c)  The implementation plan developed under Subsection (b)
  of this section may provide for compliance by an official publisher
  in the executive branch of state government with Sections 2051.154,
  2051.155, 2051.157, and 2051.158, Government Code, as added by this
  Act, to be phased in over a period of time.
         (d)  The Texas State Library and Archives Commission shall
  provide the implementation plan developed under Subsection (b) of
  this section to the legislature not later than September 1, 2020.
         SECTION 3.  (a) An official publisher in the legislative
  branch of state government shall comply with the applicable
  provisions of Subchapter E, Chapter 2051, Government Code, as added
  by this Act, in accordance with an implementation plan developed
  under Subsection (b) of this section.
         (b)  An official publisher in the legislative branch of state
  government, in consultation with the lieutenant governor, the
  speaker of the house of representatives, the Senate Committee on
  Administration, and the House Committee on Administration, shall
  develop an implementation plan for the applicable provisions of
  Subchapter E, Chapter 2051, Government Code, as added by this Act.
  The implementation plan must:
               (1)  for each applicable type of legal material defined
  by Subchapter E, Chapter 2051, Government Code, as added by this
  Act, recommend the method by which the legal material may be
  authenticated, preserved, and made available on a permanent basis;
  and
               (2)  establish a timeline for the official publisher to
  comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158,
  Government Code, as added by this Act.
         (c)  The implementation plan developed under Subsection (b)
  of this section may provide for compliance by an official publisher
  in the legislative branch of state government with Sections
  2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as
  added by this Act, to be phased in over a period of time.
         (d)  An official publisher in the legislative branch of state
  government shall provide the implementation plan developed under
  Subsection (b) of this section to the lieutenant governor and
  speaker of the house of representatives not later than September 1,
  2020.
         SECTION 4.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 402 was passed by the House on April
  16, 2019, by the following vote:  Yeas 134, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 402 was passed by the Senate on May
  10, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor