HBA-RBT H.B. 806 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 806 By: Jones, Jesse Judicial Affairs 3/19/1999 Committee Report (Amended) 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. Current law does not specifically state that digital signatures are approved in criminal cases. Accordingly, county court officers have 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 if a symbol is a valid signature under other applicable law, it is equally valid as a digital signature. Provides that the unlawful use of a digital signature is subject to criminal laws pertaining to fraud and computer crimes. SECTION 2. Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS Committee Amendment #1 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. Passage of this amendment would redesignate SECTION 2 to SECTION 3.