Sec. 322.012. RETENTION OF ELECTRONIC RECORDS; ORIGINALS. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record in accordance with Subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy Subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with Subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with Subsection (a).
(f) A record retained as an electronic record in accordance with Subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after January 1, 2002, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
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