This title may be cited as the Uniform Electronic Transactions Act.
This chapter may be cited as the Uniform Electronic Transactions Act. Added by Acts80th Leg. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
The right granted by this subsection may not be waived by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
This chapter must be construed and applied: An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
The uniform electronic transactions act act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. For purposes of this subsection, the following rules apply: Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
A the person to which the transferable record was issued; or B if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; 3 the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; 4 copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; 5 each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and 6 any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
The Department of Information Resources may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state.
If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application. Section et seq. This chapter does not authorize any activity that is prohibited by the Penal Code.
Any requirement of the Department of Information Resources or the Texas State Library and Archives Commission under this chapter that generally applies to one or more state agencies using electronic records or electronic signatures is considered to be a recommendation to the comptroller concerning the electronic records or electronic signatures used by the comptroller.
The comptroller may adopt or decline to adopt the recommendation.The Communications, Financial Services and Interstate Commerce has jurisdiction over state-federal relations with regard to electronic commerce, banking, insurance, securities and other financial services issues, interstate commerce and taxation of electronic transactions, telecommunications and interstate business activity taxes.
The act is designed to facilitate and promote commerce and governmental transactions by validating and authorizing the use of electronic records and signatures and to promote uniform electronic transaction laws among the states.
The Uniform Electronic Transactions Act (UETA) is one of the several United States Uniform Acts proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL).
Forty-seven states, the District of Columbia, and the U.S.
Virgin Islands have adopted the UETA. (1) Facilitate electronic transactions consistent with other applicable law; (2) Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) Effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
UETA and ESIGN Act. Both the United States Electronic Signatures in Global and National Commerce (ESIGN) Act, and the Uniform Electronic Transactions Act (UETA), have four major requirements for an electronic signature to be recognized as valid under U.S.
law. (c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (b) when used for a transaction subject to a law other than those specified in Subsection (b).