89R1534 MCF-D
 
  By: Bucy H.B. No. 1604
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public access to criminal proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 1.24, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 1.24.  PUBLIC TRIAL.  The proceedings, including a
  proceeding under Article 15.17, and trials in all courts shall be
  public.
         SECTION 2.  Chapter 15, Code of Criminal Procedure, is
  amended  by adding Article 15.1705 to read as follows:
         Art. 15.1705.  REQUIREMENTS FOR CERTAIN PROCEEDINGS
  CONDUCTED BEFORE MAGISTRATE.  (a)  For each proceeding conducted
  under Article 15.17, as soon as practicable before the proceeding
  the court shall publish the following information on its Internet
  website or at the location where the proceeding will be held:
               (1)  the manner in which the public may inquire about a
  specific arrested person or proceeding;
               (2)  the time, if known, and location of the
  proceeding; and
               (3)  the manner in which the public may access the
  proceeding, including the Internet website link for the livestream
  or videoconference, if applicable.
         (b)  A court that as of January 1, 2026, does not have the
  physical capability, or is located in a secured facility without
  the physical capability, to provide in-person public access to a
  proceeding under Article 15.17 shall provide public access by
  livestream or videoconference.  The livestream or videoconference
  must allow members of the public to clearly see and hear the
  proceeding.
         (c)  This article may not be construed as prohibiting a judge
  from placing reasonable limits on in-person access to the court for
  safety or to prevent overcrowding.
         (d)  Any person, including a member of the media, or the
  attorney general may file a petition for a writ of mandamus or apply
  for other appropriate equitable relief to enforce the right of the
  public to access a proceeding in accordance with this article. The
  petition or application must be filed in:
               (1)  a district court in the county in which the court
  conducting the applicable proceeding is located; or
               (2)  if filed by the attorney general, a district court
  in Travis County.
         SECTION 3.  The change in law made by this Act applies only
  to a criminal proceeding that commences on or after January 1, 2026.  
  A criminal proceeding that commenced before January 1, 2026, is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2025.