Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.

§ 91118. Acceptance and Distribution of Electronic Records by
Governmental Agencies.

(a) Except as otherwise provided in § 91112(f) of this Chapter, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(b) To the extent that a governmental agency uses electronic records and electronic signatures under Subsection (a), the governmental agency, giving due consideration to security, may specify:

(1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;

(2) if electronic records must be signed by electronic means, the

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type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

(3) control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and audit ability of electronic records; and

(4) any other required attributes for electronic records which are specified for corresponding non-electronic records or reasonably necessary under the circumstances.

(c) Except as otherwise provided in § 91112(f) of this Chapter, this Chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.