Uniform Electronic Transactions Act
Texas · BC · §§ 322.001 to 322.021 · 21 sections
Overview
The Uniform Electronic Transactions Act governs the use of electronic records and electronic signatures in transactions, including transactions involving governmental agencies. Its core rule is that a record, signature, or contract may not be denied legal effect or enforceability solely because it is electronic, and it applies only where the parties have agreed to conduct the transaction by electronic means, with most of its provisions subject to variation by agreement. Around that rule it supplies the operating mechanics: how an electronic record or signature is attributed to a person, how changes and errors are resolved, when electronic form satisfies requirements for writing, notarization, retention of originals, and admissibility in evidence, how contracts formed by automated electronic agents are treated, when a record counts as sent and received, transferable records, and how governmental agencies create, convert, accept, and distribute electronic records.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 27 court decisions.
Most-cited authority: 352 S.W.3d 519 - Cunningham v. Zurich American Insurance Co.
Sections covered
- Tex. Bus. & Com. Code § 322.001SHORT TITLE3 cites
- Tex. Bus. & Com. Code § 322.002DEFINITIONS3 cites
- Tex. Bus. & Com. Code § 322.003SCOPE1 cite
- Tex. Bus. & Com. Code § 322.004PROSPECTIVE APPLICATION
- Tex. Bus. & Com. Code § 322.005USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT2 cites
- Tex. Bus. & Com. Code § 322.006CONSTRUCTION AND APPLICATION1 cite
- Tex. Bus. & Com. Code § 322.007LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS13 cites
- Tex. Bus. & Com. Code § 322.008PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS1 cite
- Tex. Bus. & Com. Code § 322.009ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE1 cite
- Tex. Bus. & Com. Code § 322.010EFFECT OF CHANGE OR ERROR
- Tex. Bus. & Com. Code § 322.011NOTARIZATION AND ACKNOWLEDGMENT
- Tex. Bus. & Com. Code § 322.012RETENTION OF ELECTRONIC RECORDS; ORIGINALS1 cite
- Tex. Bus. & Com. Code § 322.013ADMISSIBILITY IN EVIDENCE
- Tex. Bus. & Com. Code § 322.014AUTOMATED TRANSACTION
- Tex. Bus. & Com. Code § 322.015TIME AND PLACE OF SENDING AND RECEIPT
- Tex. Bus. & Com. Code § 322.016TRANSFERABLE RECORDS
- Tex. Bus. & Com. Code § 322.017ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES1 cite
- Tex. Bus. & Com. Code § 322.018INTEROPERABILITY
- Tex. Bus. & Com. Code § 322.019EXEMPTION TO PREEMPTION BY FEDERAL ELECTRONIC SIGNATURES ACT
- Tex. Bus. & Com. Code § 322.020APPLICABILITY OF PENAL CODE
- Tex. Bus. & Com. Code § 322.021CERTAIN REQUIREMENTS CONSIDERED TO BE RECOMMENDATIONS
Enacted in other states
Alaska, Alabama, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Iowa, Illinois, Indiana, Louisiana, Maryland, Maine, Minnesota, Mississippi, Montana, North Carolina, New Hampshire, New Jersey, New Mexico, Nevada, Oregon, Rhode Island, South Carolina, Tennessee, Virginia, Vermont, Wyoming
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