(a) This section applies to all written electronic
communications which are sent to a state agency over the Internet
or other electronic network or by another means that is acceptable
to the state agency, for which the identity of the sender or the contents
of the message must be authenticated, and for which no prior agreement
between the sender and the receiving state agency regarding message
authentication existed as of the effective date of this section. This
section does not apply to or supersede the use and expansion of existing
systems:
(1) for the receipt of electronically filed documents
pursuant to the Texas Business and Commerce Code or other applicable
statutory law where the purpose of the written electronic communication
is to comply with statutory filing requirements and the receiving
state agency or local government is not a party to the underlying
transaction which is the subject of the communication; or
(2) for the electronic approval of payment vouchers
under rules adopted by the comptroller of public accounts pursuant
to applicable law.
(b) Prior to accepting an electronic signature, a state
agency shall ensure that the level of security used to identify the
signer of a message and to transmit the signature is sufficient for
the transaction being conducted. A state agency that accepts digital
signatures may not effectively discourage the use of electronic signatures
by imposing unreasonable or burdensome requirements on persons wishing
to use electronic signatures to authenticate written electronic communications
sent to the state agency.
(c) A state agency that accepts electronic signatures
shall not be required to accept a digital signature that has been
created by means of a particular acceptable technology described in §203.24
of this chapter.
(d) A state agency shall review and consider any applicable
guidelines as described in §203.20 of this chapter and recommendations
that have been adopted by the department in determining whether and
for what purposes the state agency shall accept a digital signature.
A copy of such guidelines and recommendations may be obtained directly
from the department, or may be obtained electronically via the department's
website.
(e) A state agency shall ensure that all written electronic
communications received by the state agency and authenticated by means
of a digital signature in accordance with this section, as well as
any information resources necessary to permit access to the written
electronic communications, are retained by the state agency as necessary
to comply with applicable law pertaining to audit and records retention
requirements.
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Source Note: The provisions of this §203.23 adopted to be effective November 28, 2004, 29 TexReg 10710; amended to be effective September 20, 2011, 36 TexReg 6143; amended to be effective November 23, 2015, 40 TexReg 8191; amended to be effective November 23, 2017, 42 TexReg 6506 |