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


Office of House Bill AnalysisC.S.H.B. 788
By: Capelo
Corrections
3/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Criminal Justice (TDCJ) is in the
process of reengineering the systems and business processes relating to
offender information.  One aspect of the reengineering initiative is to use
technology in order to reduce TDCJ's reliance on paper documents, which may
increase efficiency and enhancing public safety. 

C.S.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 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 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 788 modifies the original bill in SECTION 1 by changing the title
of Section 493.021 from "Electronic Transmission of Documents" to
"Electronic Creation and Transmission of Documents." Adds that The
Department of Criminal Justice is authorized to create a document, rather
than accept a submitted document. Redesignates Subsections (b) and (c) as
Subsections (a)-(c).