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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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SECTION 1. Section 21.009, Government Code, is amended by |
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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 2. 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 and except as limited by the United |
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States Constitution, the Texas Constitution, rules adopted by the |
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Texas Supreme Court, or this section, a court in this state as the |
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court determines appropriate, on the court's own motion or on the |
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motion of any party, may: |
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(1) conduct a hearing or other proceeding as a remote |
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proceeding; 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) A court that elects to conduct a remote proceeding must: |
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(1) provide adequate notice of the remote proceeding |
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to the parties to the proceeding; |
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(2) allow a party to file with the court a motion |
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objecting to the remote proceeding and requesting an in-person |
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proceeding not later than the 10th day after the date the party |
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receives the notice; and |
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(3) provide a method for a person described by |
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Subsection (a)(2) to notify the court that the person is unable to |
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participate in the remote proceeding because the person is a person |
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with a disability, lacks the required technology, or shows other |
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good cause and: |
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(A) provide an alternate method for the person to |
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participate that accommodates the disability, lack of technology, |
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or other situation; |
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(B) allow the person to appear in person; or |
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(C) conduct the proceeding as an in-person |
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proceeding. |
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(c) On the court's receipt from any party to a proceeding of |
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a motion objecting to the conduct of the proceeding as a remote |
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proceeding and requesting an in-person proceeding, the court shall |
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consider the motion and grant the motion for good cause shown. |
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(d) In any contested adversarial or contested evidentiary |
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criminal proceeding for an offense punishable by confinement, the |
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prosecutor and defendant must each agree for the proceeding to be |
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conducted as a remote proceeding. If the prosecutor or defendant |
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does not agree, the proceeding may not be held as a remote |
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proceeding. |
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(e) A district court, statutory county court, statutory |
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probate court, or county court may not conduct a jury trial as a |
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remote proceeding unless each party to the proceeding agrees to |
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conduct the proceeding as a remote proceeding. |
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(f) For a jury trial that is to be conducted as a remote |
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proceeding in a justice or municipal court, the court shall |
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consider on the record any motion or objection related to |
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proceeding with the trial not later than the seventh day before the |
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trial date, except that if the motion or objection is made later |
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than the seventh day before the trial date, the court must consider |
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the motion or objection on the record as soon as practicable. |
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(g) A court that conducts a jury trial as a remote |
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proceeding shall ensure all prospective jurors have access to the |
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technology necessary to participate in the remote proceeding. |
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(h) A court that conducts a remote proceeding at a location |
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other than the location the court regularly conducts proceedings |
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must provide to the public reasonable notice of the location of the |
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remote proceeding and an opportunity to observe the remote |
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proceeding. |
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(i) 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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(j) 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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SECTION 3. 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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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Texas Supreme Court shall adopt the rules necessary |
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to implement the changes in law made by this Act. Before adopting |
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the rules, the supreme court must consult with interested parties, |
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including prosecutors, criminal defense attorneys, judges, and |
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representatives from the State Bar of Texas and Disability Rights |
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Texas. |
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SECTION 5. The Texas Legislative Council, with the |
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assistance of the Office of Court Administration of the Texas |
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Judicial System, shall prepare for consideration by the 88th |
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Legislature a nonsubstantive revision of the statutes of this state |
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as necessary to reflect the changes in law made by this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |