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A BILL TO BE ENTITLED
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AN ACT
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relating to remotely conducting court proceedings in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. REMOTE PROCEEDINGS |
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SECTION 1.001. Section 21.009, Government Code, is amended |
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by adding Subdivision (5) to read as follows: |
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(5) "Remote proceeding" means a proceeding before a |
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court in which one or more of the participants, including a judge, |
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party, attorney, witness, court reporter, juror, or other |
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individual, attends the proceeding remotely through the use of |
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technology and the Internet. |
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SECTION 1.002. Chapter 21, Government Code, is amended by |
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adding Section 21.013 to read as follows: |
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Sec. 21.013. OPTION FOR REMOTE PROCEEDING. (a) |
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Notwithstanding any other law, a court in this state on the court's |
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own motion or on the motion of any party may: |
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(1) conduct a hearing or other proceeding as a remote |
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proceeding without the consent of the parties unless the United |
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States Constitution or Texas Constitution requires consent; and |
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(2) allow or require a judge, party, attorney, |
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witness, court reporter, juror, or any other individual to |
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participate in a remote proceeding, including a deposition, |
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hearing, trial, or other proceeding. |
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(b) In any criminal proceeding that under the United States |
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Constitution or Texas Constitution requires the consent of the |
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parties for the proceeding to be conducted as a remote proceeding, |
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the prosecutor and defendant must each consent for the proceeding |
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to be conducted as a remote proceeding. If the prosecutor or |
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defendant does not consent, the proceeding may not be held as a |
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remote proceeding. |
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(c) For a jury trial that is to be conducted as a remote |
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proceeding, a court shall: |
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(1) consider on the record any motion or objection |
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related to proceeding with the trial not later than the seventh day |
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before the trial date, except that if the motion or objection is |
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made later than the seventh day before the trial date, the court |
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must consider the motion or objection on the record as soon as |
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practicable; and |
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(2) ensure all prospective jurors have access to the |
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technology necessary to participate in the remote proceeding. |
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(d) If a remote proceeding is conducted away from the |
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court's usual location, the court must provide reasonable notice to |
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the public and an opportunity to observe the proceeding. |
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(e) The Office of Court Administration of the Texas Judicial |
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System shall provide guidance and assistance to the extent possible |
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to a court conducting a remote proceeding. |
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(f) For purposes of any law requiring notice or citation of |
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the time and place for a proceeding, notice of the remote means by |
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which the proceeding will be conducted and the method for accessing |
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the proceeding through that remote means constitutes notice of the |
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place for the proceeding. |
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ARTICLE 2. CONFORMING CHANGES |
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SECTION 2.001. Section 30.012(a), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(a) Subject [With the agreement of the parties, and subject] |
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to Section 21.013, Government Code [Subsection (b)], a trial judge |
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may order that a hearing of a preliminary matter or witness |
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testimony at trial may be conducted by electronic means, including |
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satellite transmission, closed-circuit television transmission, or |
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any other method of two-way electronic communication that is |
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available to the parties, approved by the court, and capable of |
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visually and audibly recording the proceedings. |
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SECTION 2.002. Article 27.18(a), Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Subject to Section 21.013, Government Code, and |
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notwithstanding [Notwithstanding] any provision of this code |
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requiring that a plea or a waiver of a defendant's right be made in |
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open court, a court may accept the plea or waiver by videoconference |
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to the court if: |
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(1) [the defendant and the attorney representing the |
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state file with the court written consent to the use of |
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videoconference; |
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[(2)] the videoconference provides for a |
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simultaneous, compressed full motion video, and interactive |
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communication of image and sound between the judge, the attorney |
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representing the state, the defendant, and the defendant's |
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attorney; and |
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(2) [(3)] on request of the defendant, the defendant |
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and the defendant's attorney are able to communicate privately |
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without being recorded or heard by the judge or the attorney |
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representing the state. |
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SECTION 2.003. Section 53.102(a), Estates Code, is amended |
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to read as follows: |
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(a) If a judge is unable to designate the time and place, or |
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the time and remote means in accordance with Section 21.013, |
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Government Code, for hearing a probate matter pending in the |
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judge's court because the judge [is absent from the county seat or] |
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is on vacation, disqualified, ill, or deceased, the county clerk of |
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the county in which the matter is pending may: |
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(1) designate the time and place, or the time and |
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remote means in accordance with Section 21.013, Government Code, |
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for the hearing; |
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(2) enter the setting on the judge's docket; and |
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(3) certify on the docket the reason that the judge is |
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not acting to set the hearing. |
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SECTION 2.004. Section 1053.102(a), Estates Code, is |
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amended to read as follows: |
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(a) If a judge is unable to designate the time and place, or |
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the time and remote means in accordance with Section 21.013, |
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Government Code, for hearing a guardianship proceeding pending in |
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the judge's court because the judge [is absent from the county seat |
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or] is on vacation, disqualified, ill, or deceased, the county |
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clerk of the county in which the proceeding is pending may: |
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(1) designate the time and place, or the time and |
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remote means in accordance with Section 21.013, Government Code, |
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for the hearing; |
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(2) enter the setting on the judge's docket; and |
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(3) certify on the docket the reason that the judge is |
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not acting to set the hearing. |
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SECTION 2.005. Section 1055.053, Estates Code, is amended |
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to read as follows: |
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Sec. 1055.053. LOCATION OR MEANS OF HEARING. (a) Except as |
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provided by Subsection (b), the judge may hold a hearing on a |
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guardianship proceeding involving an adult ward or adult proposed |
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ward at any suitable location in the county in which the |
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guardianship proceeding is pending or as a remote proceeding as |
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authorized by Section 21.013, Government Code. The hearing should |
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be held in a physical setting that is not likely to have a harmful |
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effect on the ward or proposed ward. |
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(b) On the request of the adult proposed ward, the adult |
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ward, or the attorney of the proposed ward or ward, the hearing may |
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not be held under the authority of this section at a place other |
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than the courthouse except as authorized by Section 21.013, |
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Government Code. |
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SECTION 2.006. Section 51.115(c), Family Code, is amended |
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to read as follows: |
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(c) A person required under this section to attend a hearing |
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is entitled to reasonable written or oral notice that includes a |
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statement of the location of, subject to Section 21.013, Government |
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Code, and the [place,] date[,] and time of, the hearing and that the |
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attendance of the person is required. The notice may be included |
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with or attached to any other notice required by this chapter to be |
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given the person. Separate notice is not required for a disposition |
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hearing that convenes on the adjournment of an adjudication |
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hearing. If a person required under this section fails to attend a |
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hearing, the juvenile court may proceed with the hearing. |
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SECTION 2.007. Section 54.012(a), Family Code, is amended |
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to read as follows: |
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(a) Subject to Section 21.013, Government Code, a [A] |
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detention hearing under Section 54.01 may be held using interactive |
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video equipment if[: |
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[(1) the child and the child's attorney agree to the |
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video hearing; and |
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[(2)] the parties to the proceeding have the |
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opportunity to cross-examine witnesses. |
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SECTION 2.008. Sections 22.202(a) and (g), Government Code, |
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the First Court of Appeals District shall be held in the City of |
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Houston. |
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(g) The First Court of Appeals may transact its business in |
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any county in the First Court of Appeals District as the court |
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determines necessary and convenient or as provided by Section |
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21.013. |
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SECTION 2.009. Sections 22.203(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Second Court of Appeals District shall be held in the City |
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of Fort Worth. |
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(b) The court may transact its business in any county in the |
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district as the court determines is necessary or convenient or as |
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provided by Section 21.013. |
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SECTION 2.010. Sections 22.204(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Third Court of Appeals District shall be held in the City of |
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Austin. |
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(b) The court may transact its business: |
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(1) at the county seat of any of the counties within |
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its district as the court determines is necessary and convenient, |
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except that all cases originating in Travis County shall be heard |
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and transacted in that county, subject to Subdivision (2); or |
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(2) as provided by Section 21.013. |
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SECTION 2.011. Section 22.205, Government Code, is amended |
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to read as follows: |
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Sec. 22.205. FOURTH COURT OF APPEALS. (a) Subject to |
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Section 21.013, the [The] Court of Appeals for the Fourth Court of |
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Appeals District shall be held in the City of San Antonio. |
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(b) The court may transact its business: |
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(1) at the county seat of any of the counties within |
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its district, as the court determines is necessary and convenient, |
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except that all cases originating in Bexar County that the court |
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hears shall be heard and transacted in that county, subject to |
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Subdivision (2); or |
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(2) as provided by Section 21.013. |
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SECTION 2.012. Sections 22.206(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Fifth Court of Appeals District shall be primarily held in |
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the City of Dallas. |
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(b) The court may transact its business in any county in the |
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district as the court determines is necessary and convenient or as |
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provided by Section 21.013. |
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SECTION 2.013. Section 22.207, Government Code, is amended |
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to read as follows: |
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Sec. 22.207. SIXTH COURT OF APPEALS. (a) Subject to |
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Section 21.013, the [The] Court of Appeals for the Sixth Court of |
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Appeals District shall be held in the City of Texarkana. |
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(b) The court may transact its business: |
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(1) in the City of Texarkana or the county seat of any |
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county in the district as the court determines is necessary or |
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convenient, except that all cases originating in Bowie County shall |
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be heard and transacted in the City of Texarkana, subject to |
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Subdivision (2); or |
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(2) as provided by Section 21.013. |
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SECTION 2.014. Section 22.208, Government Code, is amended |
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to read as follows: |
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Sec. 22.208. SEVENTH COURT OF APPEALS. Subject to Section |
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21.013, the [The] Court of Appeals for the Seventh Court of Appeals |
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District shall be held in the City of Amarillo. |
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SECTION 2.015. Section 22.209, Government Code, is amended |
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to read as follows: |
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Sec. 22.209. EIGHTH COURT OF APPEALS. (a) Subject to |
|
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Section 21.013, the [The] Court of Appeals for the Eighth Court of |
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Appeals District shall be held in the City of El Paso. |
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(b) The court may transact its business: |
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(1) at the county seat of any county in the district as |
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the court determines is necessary and convenient, except all cases |
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originating in El Paso County shall be heard and transacted in that |
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county, subject to Subdivision (2); or |
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(2) as provided by Section 21.013. |
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SECTION 2.016. Sections 22.210(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Ninth Court of Appeals District shall be held in the City of |
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Beaumont. |
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(c) The court may transact its business in the City of |
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Beaumont or the county seat of any county in the district as the |
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court determines is necessary or convenient, or as provided by |
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Section 21.013. |
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SECTION 2.017. Section 22.211(a), Government Code, is |
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amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
|
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for the Tenth Court of Appeals District shall be held in the City of |
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Waco or in the county seat of any county located within the Tenth |
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Court of Appeals District. |
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SECTION 2.018. Sections 22.212(a) and (c), Government Code, |
|
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Eleventh Court of Appeals District shall be held in the City |
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of Eastland. |
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(c) The court may transact its business in the City of |
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Eastland or in any county in the district as the court determines is |
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necessary or convenient, or as provided by Section 21.013. |
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SECTION 2.019. Sections 22.213(a) and (c), Government Code, |
|
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Twelfth Court of Appeals District shall be held in the City |
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of Tyler. |
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(c) The court may transact its business: |
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(1) in the City of Tyler or at the county seat of any |
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county in the district as the court determines is necessary or |
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convenient, except that all cases originating in Smith County shall |
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be heard and transacted in the City of Tyler, subject to Subdivision |
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(2); or |
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(2) as provided by Section 21.013. |
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SECTION 2.020. Sections 22.214(a) and (c), Government Code, |
|
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Thirteenth Court of Appeals District shall be held in the |
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City of Corpus Christi and the City of Edinburg. |
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(c) The court may transact its business: |
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(1) subject to Subdivision (2), at the county seat of |
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any county in the district as the court determines is necessary and |
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convenient, except that: |
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(A) [(1)] all cases originating in Nueces County |
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shall be heard and transacted in Nueces County, subject to |
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Subdivision (2); and |
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(B) [(2)] all cases originating in Cameron, |
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Hidalgo, or Willacy County shall be heard and transacted in |
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Cameron, Hidalgo, or Willacy County, subject to Subdivision (2); or |
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(2) as provided by Section 21.013. |
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SECTION 2.021. Sections 22.215(a) and (c), Government Code, |
|
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are amended to read as follows: |
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(a) Subject to Section 21.013, the [The] Court of Appeals |
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for the Fourteenth Court of Appeals District shall be held in the |
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City of Houston. |
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(c) The Fourteenth Court of Appeals may transact its |
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business in any county in the First Court of Appeals District as the |
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court determines necessary and convenient or as provided by Section |
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21.013. |
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SECTION 2.022. Subchapter A, Chapter 24, Government Code, |
|
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is amended by adding Section 24.0301 to read as follows: |
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Sec. 24.0301. REMOTE PROCEEDINGS. Notwithstanding Section |
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24.030 or any other provision of this chapter requiring a district |
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court to sit and conduct the court's proceedings in a specified |
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county or municipality, a district court may conduct the court's |
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proceedings as provided by Section 21.013. |
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SECTION 2.023. Section 25.0001(a), Government Code, is |
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amended to read as follows: |
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(a) This subchapter applies to each statutory county court |
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in this state. Except as provided by Section 25.00105, if [If] a |
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provision of this subchapter conflicts with a specific provision |
|
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for a particular court or county, the specific provision controls. |
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SECTION 2.024. Subchapter A, Chapter 25, Government Code, |
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is amended by adding Section 25.00105 to read as follows: |
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Sec. 25.00105. REMOTE PROCEEDINGS. Notwithstanding any |
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other law, including a specific provision in this chapter for a |
|
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particular court or county that requires a statutory county court |
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to sit and conduct the court's proceedings at the county seat, a |
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statutory county court may conduct the court's proceedings as |
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provided by Section 21.013. |
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SECTION 2.025. Subchapter B, Chapter 25, Government Code, |
|
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is amended by adding Section 25.00305 to read as follows: |
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Sec. 25.00305. REMOTE PROCEEDINGS. Notwithstanding any |
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other law, including a specific provision in this chapter for a |
|
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particular court or county that requires a statutory probate court |
|
|
to sit and conduct the court's proceedings at the county seat, a |
|
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statutory probate court may conduct the court's proceedings as |
|
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provided by Section 21.013. |
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SECTION 2.026. Section 26.002(c), Government Code, is |
|
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amended to read as follows: |
|
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(c) All terms of court must be held at the county seat, |
|
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except that the court may conduct the court's proceedings as |
|
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provided by Section 21.013. |
|
|
SECTION 2.027. Section 27.051(b), Government Code, is |
|
|
amended to read as follows: |
|
|
(b) Subject to Section 21.013: |
|
|
(1) each [Each] justice shall hold the regular term of |
|
|
court at the justice's office at times prescribed by the |
|
|
commissioners court; and |
|
|
(2) the[. The] commissioners court shall set the time |
|
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and place for holding justice court. |
|
|
SECTION 2.028. Section 30.00001(c), Government Code, is |
|
|
amended to read as follows: |
|
|
(c) Except as provided by Section 30.00138(b)(2), if [If] a |
|
|
provision of this subchapter conflicts with a specific provision |
|
|
for a particular municipality, the specific provision controls. |
|
|
SECTION 2.029. Section 30.00138, Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 30.00138. TERM OF COURT. (a) The appellate court may |
|
|
sit for the transaction of business at any time during the year, and |
|
|
each term begins and ends with the calendar year. |
|
|
(b) The appellate court may: |
|
|
(1) use the city council chambers or other appropriate |
|
|
location as its courtroom for argument of cases and other court |
|
|
matters; or |
|
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(2) conduct proceedings as provided by Section 21.013. |
|
|
SECTION 2.030. Sections 573.012(a) and (h), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(a) Except as provided by Subsection (h) and Section 21.013, |
|
|
Government Code, an applicant for emergency detention must present |
|
|
the application personally to a judge or magistrate. The judge or |
|
|
magistrate shall examine the application and may interview the |
|
|
applicant. Except as provided by Subsection (g), the judge of a |
|
|
court with probate jurisdiction by administrative order may provide |
|
|
that the application must be: |
|
|
(1) presented personally to the court; or |
|
|
(2) retained by court staff and presented to another |
|
|
judge or magistrate as soon as is practicable if the judge of the |
|
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court is not available at the time the application is presented. |
|
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(h) A judge or magistrate may permit an applicant [who is a |
|
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physician] to present an application by: |
|
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(1) e-mail with the application attached as a secure |
|
|
document in a portable document format (PDF); or |
|
|
(2) subject to Section 21.013, Government Code, secure |
|
|
electronic means, including: |
|
|
(A) satellite transmission; |
|
|
(B) closed-circuit television transmission; or |
|
|
(C) any other method of two-way electronic |
|
|
communication that: |
|
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(i) is secure; |
|
|
(ii) is available to the judge or |
|
|
magistrate; and |
|
|
(iii) provides for a simultaneous, |
|
|
compressed full-motion video and interactive communication of |
|
|
image and sound between the judge or magistrate and the applicant. |
|
|
SECTION 2.031. Sections 574.031(a) and (b), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(a) Except as provided by Subsection (b), the judge may hold |
|
|
a hearing on an application for court-ordered mental health |
|
|
services at any suitable location in the county or as a remote |
|
|
proceeding as authorized by Section 21.013, Government Code. The |
|
|
hearing should be held in a physical setting that is not likely to |
|
|
have a harmful effect on the proposed patient. |
|
|
(b) On the request of the proposed patient or the proposed |
|
|
patient's attorney the hearing on the application shall be held in |
|
|
the county courthouse except as authorized by Section 21.013, |
|
|
Government Code. |
|
|
SECTION 2.032. Section 574.203(a), Health and Safety Code, |
|
|
is amended to read as follows: |
|
|
(a) Subject to Section 21.013, Government Code, a [A] |
|
|
hearing may be conducted in accordance with this chapter but |
|
|
conducted by secure electronic means, including satellite |
|
|
transmission, closed-circuit television transmission, or any other |
|
|
method of two-way electronic communication that is secure, |
|
|
available to the parties, approved by the court, and capable of |
|
|
visually and audibly recording the proceedings, if: |
|
|
(1) [written consent to the use of a secure electronic |
|
|
communication method for the hearing is filed with the court by: |
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[(A) the proposed patient or the attorney |
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representing the proposed patient; and |
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[(B) the county or district attorney, as |
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appropriate; |
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[(2)] the secure electronic communication method |
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provides for a simultaneous, compressed full-motion video, and |
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interactive communication of image and sound among the judge or |
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associate judge, the county or district attorney, the attorney |
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representing the proposed patient, and the proposed patient; and |
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(2) [(3)] on request of the proposed patient or the |
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attorney representing the proposed patient, the proposed patient |
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and the attorney can communicate privately without being recorded |
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or heard by the judge or associate judge or by the county or |
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district attorney. |
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SECTION 2.033. Section 292.001(d), Local Government Code, |
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is amended to read as follows: |
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(d) A justice of the peace court may not be housed or |
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conducted in a building located outside the court's precinct except |
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as provided by Section 21.013, 27.051(f), or 27.0515, Government |
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Code, or unless the justice of the peace court is situated in the |
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county courthouse in a county with a population of at least 275,000 |
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persons but no more than 285,000 persons. |
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SECTION 2.034. The following provisions are repealed: |
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(1) Section 30.012(b), Civil Practice and Remedies |
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Code; and |
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(2) Section 54.012(b), Family Code. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.001. This Act takes effect September 1, 2021. |