HBA-GUM, RBT H.B. 806 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 806
By: Jones, Jesse
Judicial Affairs
6/21/1999
Enrolled



BACKGROUND AND PURPOSE 

The 75th Texas Legislature authorized the use of digital signatures on
court documents.  The statute was placed in the Business and Commerce Code,
but not in the Code of Criminal Procedure.  Prior to the 76th Texas
Legislature, the law did not specifically state that digital signatures are
approved in criminal cases.  Accordingly, county court officers had
refrained from using digital signatures in criminal cases.  H.B. 806
explicitly authorizes the use of digital signatures in criminal cases by
placing authority in the Code of Criminal Procedure. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 2, Code of Criminal Procedure, by adding Article
2.26, as follows: 

Art.  2.26.  DIGITAL SIGNATURE.  Defines "digital signature."  Provides
that a document with a digital signature that is electronically transmitted
to a criminal court is considered signed.  Provides that this section does
not preclude any symbol from being valid as a signature under other
applicable law, including Section 1.201(39), Business and Commerce Code
(defining "signed").  Provides that the unlawful use of a digital signature
is subject to criminal laws pertaining to fraud and computer crimes. 

SECTION 2.  Amends Article 45.021, Code of Criminal Procedure, by amending
Subsection (a), and adding Subsection (f), to authorize the issuance of a
notice or citation by a law enforcement officer created by digital imaging.
Provides that a statutory requirement that a document contain the signature
of any person, including a judge, clerk of the court, or defendant, is
satisfied if the document contains that signature as captured on an
electronic device.  

SECTION 3.  Amends Section 543.003, Transportation Code, to delete existing
text stating that the the written notice to appear in court under this
section (Notice to Appear Required: Person Not Taken Before Magistrate)
must be issued in duplicate. 

SECTION 4.  Amends Section 543.005, Transportation Code, to provide that a
signature of the person arrested may be obtained on a duplicate form or on
an electronic device capable of creating a copy of the signed notice.
Makes conforming changes. 

SECTION 5.  Amends Section 543.007, Transportation Code, to make a
conforming change. 

SECTION 6.  Emergency clause.
  Effective date: upon passage.