Yesterday, the Texas
House of Representatives committee on Judiciary & Civil Jurisprudence favorably
reported on HB 1799, a bill that would make the Uniform Electronic Legal Material Act (UELMA) law in
Texas. The purpose of the proposed law is to ensure that official electronic
legal materials, such as the Texas Constitution, statutes, and state agency
rules, are authenticated, preserved, and accessible by citizens online. The
bill is authored by Rep. Senfronia Thompson, of District 141 in Houston. Now
that the bill has been favorably reported out of committee by unanimous vote,
it will be placed on the calendar for debate and vote in the Texas House of
Representatives.
Already law in twelve
states, UELMA provides a technology-neutral, outcomes-based approach to
ensuring that online state legal material deemed official will be preserved and
will be permanently available to the public in unaltered form. While readers
may be aware that the text of the Texas Constitution, Texas statutes, and regulations
are available to view online, UELMA would require that the materials be
authenticated, preserved, and permanently available to the public. An authentic
text is one “whose content has been verified by a government entity to be
complete and unaltered when compared to the previous version approved or
published by the content originator.” American Association of Law Libraries, State-By-State Report on Authentication of Online Legal Resources (2007). Authentication provides assurances to users that the constitutional provisions,
laws, and regulations promulgated on official state websites are in fact the unaltered
and verifiable law of the state.
You can read the
committee’s analysis of the bill, as well as the text and the fiscal note on the Texas Legislature Online website. For more information about UELMA, read
the Frequently Asked Questions created by one of UELMA’s chief supporters, the American Association of Law
Libraries.
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