Representative James A. Dunnigan
proposes the following amendments:
1. Page
2, Lines 49 through 50
:
49
(i) any right or option of the party to have the notice or document provided or made
50
available in paper or another
{
non-electronic
}
nonelectronic
form;
2. Page
3, Lines 75 through 82
:
75
(d) after consent of the party is given and
{
if
}
a change in the electronic delivery or
76
retrieval methods creates a substantial risk that the party will not be able to access or retain a
77
subsequent notice or document to which the consent applies, the insurer
{
shall
}
:
78
(i)
{
provide
}
provides
the party with a statement of:
79
(A) the revised electronic delivery or retrieval methods; and
80
(B) the right of the party to withdraw consent without the imposition of any condition
81
or consequence that was not disclosed under Subsection (4)(b)(ii); and
82
(ii)
{
comply
}
complies
with Subsection (4)(b);
3. Page
4, Lines 105 through 116
:
105
(9) The legal effectiveness, validity, or enforceability of a contract or policy of
106
insurance executed by a party may not be denied solely because of the failure to obtain
107
electronic consent or confirmation of consent of the party in accordance with Subsection
108
{
(5)
}
(4)
(c)(ii).
109
(10) This section does not apply to a notice or document delivered by an insurer in an
110
electronic form before
{
May 13, 2014
}
July 1, 2014
, to a party who, before
{
May 13,
2014
}
July 1, 2014
, has consented to
111
receive
a
notice or document in an electronic form otherwise allowed by law.
112
(11) If the consent of a party to receive certain notices or documents in an electronic
113
form is on file with an insurer before
{
May 13, 2014
}
July 1, 2014
, and pursuant to this section, an
insurer
114
intends to deliver an additional notice or document to the party in an electronic form, then
115
before delivering the additional notices or documents electronically, the insurer shall notify the
116
party of:
4. Page
5, Lines 125 through 129
:
125
(b) If a
{
provisions
}
provision
of this title or applicable law requires a signature, notice, or
126
document to be notarized, acknowledged, verified, or made under oath, the requirement is
127
satisfied if the electronic signature of the party authorized to perform those acts
,
together with
128
all other information required to be included by the provision, is attached to or logically
129
associated with the signature, notice, or document.