(a) In this section the following terms shall have
the meaning set forth herein.
(1) Digital signature--A signature that:
(A) is created as an electronic identifier by cryptographic
means involving the use of two mathematically related keys (i.e.,
a public and private key pair, often referred to as Public Key Infrastructure
or PKI);
(B) complies with the requirements of 1 TAC Chapter
203; and
(C) is not a photographic digital facsimile of a hand-made
signature.
(2) Electronic signature--A signature that is an image
of a hand-made signature such as on a transmitted facsimile, an electronic
document created by scanning the original physical document, or an
electronic document (such as one created in a PDF) where a separate
image of a hand-made signature has been overlaid onto the electronic
document in place of a physical hand-made signature.
(3) Hand-made signature (also known as a wet ink or
manual signature)--A signature created when a person physically marks
a paper document.
(4) PDF or portable document format--A file format
that provides an electronic image of text or text and graphics that
looks like a printed document and can be viewed, printed, and electronically
transmitted.
(5) Signature--Any symbol executed or adopted by a
person with present intention to authenticate a writing.
(b) Whenever the comptroller requires a document to
be signed or executed pursuant to these rules or a process created
pursuant to these rules, the comptroller will accept:
(1) hand-made signatures;
(2) electronic signatures; or
(3) digital signatures.
(c) Hand-made signatures shall comply with the following
requirements.
(1) A paper document must bear the valid hand-made
signature of the offeror's or contractor's authorized representative.
(2) A hand-made signature is valid if the authorized
representative submitting the hand-made signature is an individual
who is authorized to sign the document by virtue of his or her legal
status or his or her relationship to the entity on whose behalf the
signature is executed.
(3) The offeror or contractor agrees that the presence
of a hand-made signature on a paper document submitted to the comptroller
establishes that the signatory:
(A) is in fact the authorized representative of the
entity on whose behalf the signature has been executed and shall provide
sufficient evidence to prove the authority to execute the document
to the satisfaction of the comptroller if requested; and
(B) intended to sign the paper document and to submit
it to the comptroller to fulfill the purpose of the paper document.
(d) Electronic signatures shall comply with the following
requirements.
(1) An electronic document must bear the valid electronic
signature of the offeror's or contractor's authorized representative
if that authorized representative is required to sign the paper document
for which the electronic document substitutes.
(2) An electronic signature on an electronic document
is valid if it has been created through means such as facsimile transmittal,
scanning of the original signed physical document, or electronic manipulation
where a separate image of a hand-made signature has been overlaid
onto the electronic document in place of a physical hand-made signature
and the authorized representative submitting the electronic signature
is an individual who is authorized to sign the document by virtue
of his or her legal status or his or her relationship to the entity
on whose behalf the signature is executed.
(3) The offeror or contractor agrees that its electronic
signature is the legal equivalent of the offeror's or contractor's
authorized representative's hand-made signature. The presence of an
electronic signature on an electronic document submitted to the comptroller
establishes that the signatory:
(A) is the authorized representative of the entity
on whose behalf the signature has been executed and shall provide
sufficient evidence to prove the authority to execute the document
to the satisfaction of the comptroller if requested; and
(B) intended to sign the electronic document and to
submit it to the comptroller to fulfill the purpose of the electronic
document.
(4) The comptroller intends to follow the guidance
of the Department of Information Resources as given by 1 TAC Chapter
203 unless otherwise noted in these rules.
(e) Digital signatures shall comply with the following
requirements.
(1) When a digital signature device is used to create
the offeror's or contractor's authorized representative's digital
signature, the code or mechanism must be unique to that authorized
representative at the time the signature is created and the authorized
representative must be uniquely entitled to use it. Authorized representatives
shall:
(A) protect the digital signature device from compromise;
and
(B) report to the comptroller any evidence that the
device has been compromised, within one calendar day of the discovery.
(2) A digital signature device is compromised if the
code or mechanism is available for use by any individual other than
the authorized representative.
(3) An electronic document must bear the valid digital
signature of the offeror's or contractor's authorized representative
if that authorized representative is required to sign the paper document
for which the electronic document substitutes.
(4) A digital signature on an electronic document is
valid if it has been created with an electronic signature device that
the identified authorized representative is uniquely entitled to use
for signing that document; the device has not been compromised; and
the authorized representative is an individual who is authorized to
sign the document by virtue of his or her legal status or his or her
relationship to the entity on whose behalf the signature is executed.
(5) The offeror or contractor agrees that its digital
signature is the legal equivalent of the offeror's or contractor's
authorized representative's hand-made signature. The presence of a
digital signature on an electronic document submitted to the comptroller
establishes that the authorized representative intended to sign the
electronic document and to submit it to the comptroller to fulfill
the purpose of the electronic document.
(6) Contractor shall use an approved provider on the
list maintained by the Department of Information Resources Digital
Signatures and Public Key Infrastructure (PKI) Approved Service Providers
found on the DIR website.
(7) The comptroller intends to follow the guidance
of the Department of Information Resources as given by 1 TAC Chapter
203 unless otherwise noted in these rules.
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