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LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 27, 2021
TO:
Honorable Victoria Neave, Chair, House Committee on Juvenile Justice & Family Issues
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB890 by VanDeaver (Relating to remotely conducting depositions, hearings, and other proceedings in juvenile cases.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Family Code to allow a juvenile court to remotely conduct a hearing or other proceeding under Family Code Title 3 without the consent of the parties unless the US or Texas Constitutions require consent, and allows the court to allow or require a party, attorney, witness, court reporter, juror, or any other individual to participate in a “remote proceeding,” including a deposition, hearing, or other proceeding under Title 3.
The bill would require the Office of Court Administration (OCA) to provide guidance and assistance to the extent possible to a juvenile court conducting a remote proceeding involving a jury. The bill would require the judge of a juvenile court to submit to the OCA a plan for conducting remote proceedings under Title 3, which must include protocols for handling physical evidence and require an unobstructed view of any party or witness who provides testimony from a remote location.
The bill would amend the Family Code to permit a detention hearing via interactive video equipment without the consent of the parties unless the US or Texas Constitutions require consent. The bill repeals Family Code Section 54.012(b), which prevents a detention hearing through video equipment unless the video equipment provides for certain two-way communication.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.