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RULE §402.412Signature Requirements

(a) Any application, form, or other notification requiring a signature must bear the original signature of the individual signing the document.

(b) For a signature to be considered original, the document must be signed by:

  (1) the person whose signature appears; or

  (2) a person who has been granted power of attorney for an individual.

(c) A person who has been granted power of attorney to sign for an individual must provide a copy of the power of attorney to the Commission.

(d) Without executing a power of attorney to an individual, a person may not designate another individual to sign for them in any manner or affix a stamp of their signature on their behalf. Signatures by other than the hand of the person whose signature appears or by a person granted power of attorney for the individual will be considered a false statement under Occupations Code, §2001.554, Bingo Enabling Act.

(e) The Commission considers the following categories of e-mail as bearing an original signature:

  (1) e-mail originating from an individual whose personal e-mail address has previously been submitted to the Commission and the e-mail includes the:

    (A) sender's name;

    (B) associated organization's name; and

    (C) address of either the individual or organization on file with the Commission.

  (2) e-mail that contains a digital signature.

(f) A photocopy, facsimile, or PDF version of a completed form will be considered an original document containing original signatures provided that the original document contains the original signatures.

(g) The printed name of the person signing the application form should be provided for any signature at the time of filing.

(h) Forms prescribed by the Commission must bear the original signature of the person(s) holding the position(s) identified on the form as being required to sign the form. The persons signing the forms must have been identified previously as holding the required position(s) by submitting a form prescribed by the Commission.

(i) A form prescribed by the Commission requiring two signatures must bear the signatures of two different persons unless only one person within the organization holds both required positions.

(j) Nothing in this section is intended to prohibit the use of electronic signatures that comply with the Texas Uniform Electronic Transactions Act, Chapter 322 of the Texas Business & Commerce Code.

Source Note: The provisions of this §402.412 adopted to be effective March 16, 2009, 34 TexReg 1849; amended to be effective February 25, 2015, 40 TexReg 815

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