13 Tex. Admin. Code § 7.145 - System Security Procedures
(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.
Notes
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