SRRPUB13 – Digital Signatures & Public Key Infrastructure (PKI) Guidelines

Frequently Asked Questions

Revised January 25, 2005 Version 3

1. When will the new rule (1 TAC 203.23 Digital Signatures) be effective?

The DIR Board approved the final rule (1 TAC 201.14) on January 22, 1998. The text of the rule was filed with the Secretary of State on February 5, 1998.

The rule becomes effective 20 days after the filing date.

2. What changes were included in the April 9, 1998 update?

Statement added: However, as used in HB 984, "state agency" does not include an agency in the judicial branch of state government, and the judiciary is excluded from the definition of "local government" in that bill as well.

Recommendation 2 was changed as follows:

The words "digitally-signed documents" were deleted and in their place: "documents containing digital signatures created by means of a particular technology ... ."

The following was added at the end: "Before accepting a digitally-signed document that is intended to be forwarded to another agency, a state agency should consult with the ultimate recipient and ensure that the digital signature will be acceptable to that agency as well."

3. What changes were included in the February 2000 update?

The DIR Board adopted changes to the rules on digital signatures to reflect changes in Texas law, the PKI industry, technologies, standards and related government initiatives. In 1999 the Texas Legislature enacted legislation that allows the use of digital signatures by the judiciary.

4. What changes were included in the November 2004 update?

The DIR Board adopted changes that merged the old rule (1 TAC 201.14) with the new rule (1 TAC 203.23), based on the Uniform Electronic Transactions Act (UETA). Under UETA Digital Signatures & Public Key Infrastructure are just one form of "electronic signature."