(a) For records submitted to the department, persons may use electronic signatures in lieu of traditional signatures, as authorized by this subchapter, provided the requirements of this subchapter are met.

(b) Electronic signatures may not be used for any purpose other than the purpose indicated by the signer on the document, and:

(1) shall be linked to their respective electronic records to ensure that the signatures cannot be excised, copied, or otherwise transferred; and

(2) must match the signer's printed name on the form or application on which the signature is affixed.

(c) The department does not certify or approve an electronic signature process or vendor. An entity offering an electronic signature process under this subchapter assumes all responsibility for the accuracy of that signature.

(d) A secure document with an electronic signature may only be submitted to the county or department through webDEALER. A secure document with an electronic signature will not be accepted unless submitted through webDEALER. A secure document with an electronic signature submitted in compliance with this subchapter must be accepted by the county tax assessor-collector.

(e) A non-secure document with an electronic signature may be submitted to a county tax assessor-collector or the department electronically through webDEALER or physically if the electronic signature is printed on the document. A non-secure document with an electronic signature submitted in compliance with this subchapter must be accepted by the county tax assessor-collector.

(f) A system used to electronically sign documents, regardless of how the documents are submitted, must capture and retain the:

(1) name of the signer;

(2) date; and

(3) electronic signature of the signer.

(g) An electronic signature physically printed or electronically affixed on any document submitted to the department or a county must indicate the signature is an electronic signature.

(h) Unless exempted from this requirement by subsection (i) of this section, a system used by a person to apply or capture an electronic signature or electronically sign a document must verify the identity of the user accessing the system to execute the document with an electronic signature. Access to the system must be secure and utilize unique credentials for each user. The system must:

(1) be securely maintained;

(2) capture and retain the user information by providing the Internet Protocol address of the signer;

(3) indicate the area(s) electronically signed on any document; and

(4) retain all information provided to the system for a period of five years. This information must be made available to the department upon request.

(i) An electronic signature captured using a stylus, pen pad, mouse, or other physical means is exempt from subsection (h) of this section and meets the requirements of this subchapter if the signer presents a current photo identification described by §217.5(d) of this title (relating to Evidence of Motor Vehicle Ownership); the identity of the signer is verified in person by a person who holds a general distinguishing number issued under Transportation Code, Chapter 503, or Occupations Code, Chapter 2301; and the photo identification presented is retained in accordance with §217.5(d).

Source Note: The provisions of this §217.303 adopted to be effective January 1, 2019, 43 TexReg 8637