Section 114.006 of the Estates Code

Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.), except that this chapter does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).

Added 84th Leg., R.S., Ch. 841 (S.B. 462)

Editor Comments

To be effective, a transfer on death deed must be recorded before the transferor's death. The same requirement applies to an instrument of revocation.

Whether an instrument concerning property that contains an electronic signature may be recorded is governed by Section 12.0011 of the Property Code.

This section of the Texas Real Property Transfer on Death Act fully adopts the substance of Section 19 of the Uniform Real Property Transfer on Death Act.

The boilerplate language contained in this section has been included, word-for-word, in many of the uniform acts drafted by the Uniform Law Commission.

Nevertheless, the intent, effect and necessity of this section are all relatively obscure. For more information, review February 2008 Meeting Draft at 30-31.

—Steve Smith

Court Decisions

No appellate court decision has interpreted any section of the TRPTODA.

Legal Commentaries

No published legal commentary addresses this section of the TRPTODA.

Uniform Act Text

Section 19. Relation to Electronic Signatures in Global and National Commerce Act.

This [act] modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

Approved by ULC in 2009 (Uniform Act)

Uniform Act Comment

Section 19 of the Uniform Act does not have an official comment.