HBA-MPM, NIK, PDH H.B. 788 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 788
By: Capelo
Corrections
8/12/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Texas Department of Criminal Justice
(TDCJ) was in the process of reengineering the systems and business
processes relating to offender information.  One aspect of the
reengineering initiative was to use technology in order to reduce TDCJ's
reliance on paper documents, which may have increased efficiency and
enhanced public safety. 

H.B. 788 allows TDCJ to create, maintain, and accept a document in either
paper or electronic format.  This bill also provides for the use of an
electronic signature or other unique identifier by TDCJ to acknowledge
receipt of an electronically submitted document.  This bill does not
require electronic submission to TDCJ. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Chapter 493, Government Code, by adding Section 493.021,
as follows: 

Sec.  493.021.  ELECTRONIC  CREATION AND TRANSMISSION OF DOCUMENTS. (a)
Authorizes the Texas Department of Criminal Justice (TDCJ) to create and
maintain the information that would otherwise be contained in a paper
document.  Authorizes TDCJ to develop and use an electronic identifier if
evidence of creating a document is required by statute.   

(b)  Authorizes TDCJ to accept the document in paper form or an electronic
transmission of the information otherwise contained in the paper document. 

(c)  Authorizes TDCJ to transmit electronically evidence of delivery, if an
electronic transmission was received by TDCJ in lieu of accepting the
document in paper form. Authorizes TDCJ to use the electronic identifier
developed under Subsection (a), and provides that the identifier has the
same force and effect as the use of a receipt, signature, or seal. 

(d)  Provides that this section does not authorize TDCJ to require that a
person submitting information to TDCJ submit the information
electronically. 

SECTION 2.Emergency clause.
  Effective date: upon passage.