| (a) Security procedures shall be implemented to ensure the
authenticity and integrity of the electronically filed instrument, including
the ability to verify the identity of the filer, as well as the ability to
verify that an instrument has not been altered since it was transmitted or
filed.
(b) In order to protect the integrity of instruments to be
recorded electronically, a participating county clerk and authorized filers
shall meet the following security procedure requirements:
(1) Authorized filers who are enrolled in a participating county
clerk's electronic filing and recording program shall implement security procedures
for all electronic filing transmissions in order to properly identify each
authorized filer.
(2) Instruments to be electronically transmitted to a participating
county clerk for filing and recording shall be instruments in a form eligible
for recording under conventional means of recording.
(3) Authorized filers agree to transmit eligible instruments
using commercially available, nonproprietary formats and other commercially
available, nonproprietary computer software programs compatible with those
used by the participating county clerk.
(4) All authorized filers shall be responsible for maintaining
the security of the systems within their respective offices.
(5) Participating county clerks and authorized filers shall
scan files capable of carrying viruses prior to processing.
(c) If a participating county clerk implements an interactive
electronic filing process, the participating county clerk shall control interactive
access to the electronic filing system via a user authentication process.
When an electronic communication channel is used, the login process shall
be secured via use of a secure communication channel, or other secure means.
(d) Electronic filing and recording systems shall protect against
system and security failures and, in addition, they shall provide normal backup
and disaster recovery mechanisms in accordance with §7.75 of this title
(relating to Security of Electronic Records).
(e) If a participating county clerk permits electronic filing
that utilizes digital signature standards based on public-private key encryption
technology, they shall be in accordance with the Government Code, §2054.060.
For purposes of efficiency, participating county clerks are encouraged to
utilize technology and to accept certificates from certification authorities
compatible with the technology used and certificates accepted by other participating
county clerks.
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