(a) Security procedures shall be implemented to ensure the authenticity and integrity of the electronically filed instrument, including the ability to verify the identity of the filer, as well as the ability to verify that an instrument has not been altered since it was transmitted or filed.

(b) In order to protect the integrity of instruments to be recorded electronically, a participating county clerk and authorized filers shall meet the following security procedure requirements:

(1) Authorized filers who are enrolled in a participating county clerk's electronic filing and recording program shall implement security procedures for all electronic filing transmissions in order to properly identify each authorized filer.

(2) Instruments to be electronically transmitted to a participating county clerk for filing and recording shall be instruments in a form eligible for recording under conventional means of recording.

(3) Authorized filers agree to transmit eligible instruments using commercially available, nonproprietary formats and other commercially available, nonproprietary computer software programs compatible with those used by the participating county clerk.

(4) All authorized filers shall be responsible for maintaining the security of the systems within their respective offices.

(5) Participating county clerks and authorized filers shall scan files capable of carrying viruses prior to processing.

(c) If a participating county clerk implements an interactive electronic filing process, the participating county clerk shall control interactive access to the electronic filing system via a user authentication process. When an electronic communication channel is used, the login process shall be secured via use of a secure communication channel, or other secure means.

(d) Electronic filing and recording systems shall protect against system and security failures and, in addition, they shall provide normal backup and disaster recovery mechanisms in accordance with §7.75 of this title (relating to Security of Electronic Records).

(e) If a participating county clerk permits electronic filing that utilizes digital signature standards based on public-private key encryption technology, they shall be in accordance with the Government Code, §2054.060. For purposes of efficiency, participating county clerks are encouraged to utilize technology and to accept certificates from certification authorities compatible with the technology used and certificates accepted by other participating county clerks.

Source Note: The provisions of this §7.145 adopted to be effective December 6, 2000, 25 TexReg 11937