BILL ANALYSIS

H.B. 3819

By: Johnson

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that probate hearings are only available remotely at the option of each court and that this results in great variability in the accessibility of these hearings. The bill author has also informed the committee that the ability to participate remotely can alleviate unnecessary burden, especially in uncontested matters, which often are resolved quickly and are more conducive to a remote option. H.B. 3819 seeks to remedy this situation by requiring a court to give each party in an uncontested probate proceeding the option to attend remotely and by considering any proceeding, testimony, decision, order, decree, or judgment in such a proceeding that occurs through remote technology to be rendered in open court.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3819 amends the Estates Code to require a court to give each party to an uncontested probate proceeding the option and ability to attend the proceeding through remote technology, which includes teleconference and videoconference technology. The bill establishes that the following are considered to be conducted, taken, or rendered, respectively, in open court:

·         an uncontested probate proceeding conducted through remote technology;

·         testimony provided through remote technology in an uncontested probate proceeding; and

·         a decision, order, decree, or judgment rendered through remote technology in an uncontested probate proceeding.

The bill requires a court that conducts an uncontested probate proceeding through remote technology to ensure that the public maintains access to the proceeding and to establish and make readily available to the parties and the public guidelines regarding the conduct of uncontested probate proceedings through remote technology. The bill applies only to a probate proceeding that is pending on, or commenced on or after, the bill's effective date.

EFFECTIVE DATE

September 1, 2025.