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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of remote technology when conducting probate or |
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guardianship proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 53, Estates Code, is |
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amended by adding Section 53.108 to read as follows: |
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Sec. 53.108. USE OF REMOTE TECHNOLOGY IN PROBATE |
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PROCEEDINGS. (a) In this section, "remote technology" includes |
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teleconference and videoconference technology. |
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(b) A probate proceeding conducted through remote |
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technology is considered to be conducted in open court. Testimony |
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provided through remote technology in a probate proceeding is |
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considered to be taken in open court. A decision, order, decree, or |
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judgment rendered through remote technology in a probate proceeding |
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is considered to be rendered in open court. |
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(c) A court that conducts a probate proceeding through |
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remote technology must: |
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(1) ensure that the public maintains access to the |
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proceeding; and |
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(2) establish and make readily available to the |
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parties and the public guidelines regarding the conduct of probate |
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proceedings through remote technology. |
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SECTION 2. Subchapter C, Chapter 1053, Estates Code, is |
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amended by adding Section 1053.106 to read as follows: |
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Sec. 1053.106. USE OF REMOTE TECHNOLOGY IN GUARDIANSHIP |
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PROCEEDINGS. (a) In this section, "remote technology" includes |
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teleconference and videoconference technology. |
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|
(b) A guardianship proceeding conducted through remote |
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|
technology is considered to be conducted in open court. Testimony |
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|
provided through remote technology in a guardianship proceeding is |
|
|
considered to be taken in open court. A decision, order, decree, or |
|
|
judgment rendered through remote technology in a guardianship |
|
|
proceeding is considered to be rendered in open court. |
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|
(c) A court that conducts a guardianship proceeding through |
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|
remote technology must: |
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|
(1) ensure that the public maintains access to the |
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|
proceeding; and |
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|
(2) establish and make readily available to the |
|
|
parties and the public guidelines regarding the conduct of |
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|
guardianship proceedings through remote technology. |
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SECTION 3. The changes in law made by this Act apply to a |
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probate or guardianship proceeding that is pending on, or commenced |
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on or after, the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |