Sec. 322.009. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The 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.
(b) The effect of an electronic record or electronic signature attributed to a person under Subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 10 - Use of Telecommunications
Subtitle B - Electronic Communications
Chapter 322 - Uniform Electronic Transactions Act
Section 322.004. Prospective Application
Section 322.005. Use of Electronic Records and Electronic Signatures; Variation by Agreement
Section 322.006. Construction and Application
Section 322.008. Provision of Information in Writing; Presentation of Records
Section 322.009. Attribution and Effect of Electronic Record and Electronic Signature
Section 322.010. Effect of Change or Error
Section 322.011. Notarization and Acknowledgment
Section 322.012. Retention of Electronic Records; Originals
Section 322.013. Admissibility in Evidence
Section 322.014. Automated Transaction
Section 322.015. Time and Place of Sending and Receipt
Section 322.016. Transferable Records
Section 322.017. Acceptance and Distribution of Electronic Records by Governmental Agencies
Section 322.018. Interoperability
Section 322.019. Exemption to Preemption by Federal Electronic Signatures Act
Section 322.020. Applicability of Penal Code
Section 322.021. Certain Requirements Considered to Be Recommendations