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.