Are electronic signatures legal in Texas?

What Texas law says

Texas passed the Uniform Electronic Transactions Act in 2001 (Senate Bill 393). It covers records and signatures created on or after January 1, 2002, and since April 1, 2009, it has sat in Chapter 322 of the Business and Commerce Code. Four rules do most of the work:

• A record or signature can't be denied legal effect just because it's electronic (§ 322.007(a)).
• A contract can't be denied legal effect just because an electronic record was used to form it (§ 322.007(b)).
• If a law requires a writing, an electronic record satisfies it. If a law requires a signature, an electronic signature satisfies it (§ 322.007(c)–(d)).
• In a court proceeding, evidence of a record or signature can't be excluded just because it's electronic (§ 322.013).

What matters is intent to sign, not the method, so a typed name, a drawn signature or a click on a sign button can all qualify.

Both sides have to agree

The act applies only when each party has agreed to do business electronically. That agreement can be read from the context and the parties' conduct (§ 322.005(b)). Someone who agreed once can still refuse to do the next deal electronically, and that right can't be waived (§ 322.005(c)).

When a law says you must give someone information in writing, an electronic copy works only if they can keep it. A record the recipient can't print or save isn't enforceable against them (§ 322.008(a), (c)).

How it fits with the federal ESIGN Act

The federal ESIGN Act gives electronic signatures the same footing nationwide (15 U.S.C. § 7001). It lets a state that adopts UETA modify or supersede parts of it (§ 7002), and Texas claims that exemption in § 322.019. When a law requires you to give a consumer information in writing, also follow ESIGN's consumer consent steps (§ 7001(c)). Our plain-English guide covers both laws.

What's excluded in Texas

• Wills, codicils and testamentary trusts (§ 322.003(b)(1)).
• Most of the Uniform Commercial Code. Sales and leases of goods (Chapters 2 and 2A) stay covered (§ 322.003(b)(2)).
• Court reporter documents for use in state or federal courts (§ 322.003(e)(1)).
• Documents governed by Texas Supreme Court rules, including e-filing (§ 322.003(e)(2)).

Excluded doesn't always mean paper only. It means another law, such as the Supreme Court's e-filing rules, decides whether the electronic version works.

Notarization and online notaries

When a law requires notarization, an electronic notarization counts if the notary's electronic signature and required details are attached to the record (§ 322.011). Texas also commissions online notaries, who notarize over live audio and video under Government Code Chapter 406, Subchapter C, in effect since July 1, 2018 (see remote online notarization). SignMaster doesn't notarize documents.

Practical notes for Texas businesses

• Agree up front. Put a line in your contract saying both sides agree to sign electronically.
• Keep the final version intact. An electronic record meets a retention rule if it accurately reflects the final document and stays accessible (§ 322.012).
• Check the delivery method. If another statute says a notice must be sent a certain way, Chapter 322 doesn't change that (§ 322.008(b)).
• Keep evidence of who signed. A signature is attributed to a person if it was their act, which can be shown in any manner (§ 322.009).

Showing attribution under § 322.009 is easier when the record shows each step. SignMaster adds a certificate of completion to every completed PDF, listing those steps with timestamps, and signers can download the file. Each signer agrees to sign electronically first, and that consent is recorded.