Authority/Reference(s) Texas Rules of Evidence, Article X ; Texas. Business and Commerce Code, Chapter 322 Uniform Electronic Transaction Act; E-SIGN Act (15 U.S.C. ยง. 7001)
Revision Date October 1, 2020

Policy

Electronic Transmission of Contract Documents

Contract staff may obtain, transmit, and receive contract related documents through electronic means, such as email and fax. This includes but is not limited to:

  • Contract application,
  • Contract templates,
  • Bilateral and unilateral amendments,
  • Required forms
  • Invoices and billing, and
  • Reports.

Electronic Signatures

An electronic signature, which includes digital signatures, is an electronic symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

A digital signature, as used in DocuSign or Adobe, creates a “digital fingerprint” to an identity and embeds it into the document. Using a digital signature to sign contracts ensures authenticity of the signature. When obtaining any type of signature on a contract, contract staff should ensure that the authorized individuals are signing the contract.

An electronic version of the signature on an original document (signed and scanned, electronic signature, or digital signature) is considered binding; therefore, contract documents requiring a signature may be digitally signed and submitted electronically.

A scripted font is not a legal or electronic signature.

Transmission of Sensitive or Confidential Information

Before electronically transmitting contract documents that contain sensitive or confidential information, such as client information, the documents must be encrypted. See Managing Your Data Safely: Email and Data Encryption Email Encryption or contact the DFPS IT Security Officer mailbox.

For questions or assistance with electronic submissions or digital or electronic signatures contact the Contracts Technical Assistance mailbox .