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.