87 | | - | SECTION 3. The following provisions are repealed: |
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| 56 | + | ARTICLE 2. CONFORMING CHANGES |
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| 57 | + | SECTION 2.001. Section 30.012(a), Civil Practice and |
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| 58 | + | Remedies Code, is amended to read as follows: |
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| 59 | + | (a) Subject [With the agreement of the parties, and subject] |
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| 60 | + | to Section 21.013, Government Code [Subsection (b)], a trial judge |
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| 61 | + | may order that a hearing of a preliminary matter or witness |
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| 62 | + | testimony at trial may be conducted by electronic means, including |
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| 63 | + | satellite transmission, closed-circuit television transmission, or |
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| 64 | + | any other method of two-way electronic communication that is |
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| 65 | + | available to the parties, approved by the court, and capable of |
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| 66 | + | visually and audibly recording the proceedings. |
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| 67 | + | SECTION 2.002. Article 27.18(a), Code of Criminal |
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| 68 | + | Procedure, is amended to read as follows: |
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| 69 | + | (a) Subject to Section 21.013, Government Code, and |
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| 70 | + | notwithstanding [Notwithstanding] any provision of this code |
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| 71 | + | requiring that a plea or a waiver of a defendant's right be made in |
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| 72 | + | open court, a court may accept the plea or waiver by videoconference |
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| 73 | + | to the court if: |
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| 74 | + | (1) [the defendant and the attorney representing the |
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| 75 | + | state file with the court written consent to the use of |
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| 76 | + | videoconference; |
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| 77 | + | [(2)] the videoconference provides for a |
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| 78 | + | simultaneous, compressed full motion video, and interactive |
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| 79 | + | communication of image and sound between the judge, the attorney |
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| 80 | + | representing the state, the defendant, and the defendant's |
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| 81 | + | attorney; and |
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| 82 | + | (2) [(3)] on request of the defendant, the defendant |
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| 83 | + | and the defendant's attorney are able to communicate privately |
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| 84 | + | without being recorded or heard by the judge or the attorney |
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| 85 | + | representing the state. |
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| 86 | + | SECTION 2.003. Section 53.102(a), Estates Code, is amended |
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| 87 | + | to read as follows: |
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| 88 | + | (a) If a judge is unable to designate the time and place, or |
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| 89 | + | the time and remote means in accordance with Section 21.013, |
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| 90 | + | Government Code, for hearing a probate matter pending in the |
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| 91 | + | judge's court because the judge [is absent from the county seat or] |
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| 92 | + | is on vacation, disqualified, ill, or deceased, the county clerk of |
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| 93 | + | the county in which the matter is pending may: |
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| 94 | + | (1) designate the time and place, or the time and |
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| 95 | + | remote means in accordance with Section 21.013, Government Code, |
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| 96 | + | for the hearing; |
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| 97 | + | (2) enter the setting on the judge's docket; and |
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| 98 | + | (3) certify on the docket the reason that the judge is |
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| 99 | + | not acting to set the hearing. |
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| 100 | + | SECTION 2.004. Section 1053.102(a), Estates Code, is |
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| 101 | + | amended to read as follows: |
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| 102 | + | (a) If a judge is unable to designate the time and place, or |
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| 103 | + | the time and remote means in accordance with Section 21.013, |
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| 104 | + | Government Code, for hearing a guardianship proceeding pending in |
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| 105 | + | the judge's court because the judge [is absent from the county seat |
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| 106 | + | or] is on vacation, disqualified, ill, or deceased, the county |
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| 107 | + | clerk of the county in which the proceeding is pending may: |
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| 108 | + | (1) designate the time and place, or the time and |
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| 109 | + | remote means in accordance with Section 21.013, Government Code, |
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| 110 | + | for the hearing; |
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| 111 | + | (2) enter the setting on the judge's docket; and |
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| 112 | + | (3) certify on the docket the reason that the judge is |
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| 113 | + | not acting to set the hearing. |
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| 114 | + | SECTION 2.005. Section 1055.053, Estates Code, is amended |
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| 115 | + | to read as follows: |
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| 116 | + | Sec. 1055.053. LOCATION OR MEANS OF HEARING. (a) Except as |
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| 117 | + | provided by Subsection (b), the judge may hold a hearing on a |
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| 118 | + | guardianship proceeding involving an adult ward or adult proposed |
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| 119 | + | ward at any suitable location in the county in which the |
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| 120 | + | guardianship proceeding is pending or as a remote proceeding as |
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| 121 | + | authorized by Section 21.013, Government Code. The hearing should |
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| 122 | + | be held in a physical setting that is not likely to have a harmful |
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| 123 | + | effect on the ward or proposed ward. |
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| 124 | + | (b) On the request of the adult proposed ward, the adult |
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| 125 | + | ward, or the attorney of the proposed ward or ward, the hearing may |
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| 126 | + | not be held under the authority of this section at a place other |
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| 127 | + | than the courthouse except as authorized by Section 21.013, |
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| 128 | + | Government Code. |
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| 129 | + | SECTION 2.006. Section 51.115(c), Family Code, is amended |
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| 130 | + | to read as follows: |
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| 131 | + | (c) A person required under this section to attend a hearing |
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| 132 | + | is entitled to reasonable written or oral notice that includes a |
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| 133 | + | statement of the location of, subject to Section 21.013, Government |
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| 134 | + | Code, and the [place,] date[,] and time of, the hearing and that the |
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| 135 | + | attendance of the person is required. The notice may be included |
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| 136 | + | with or attached to any other notice required by this chapter to be |
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| 137 | + | given the person. Separate notice is not required for a disposition |
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| 138 | + | hearing that convenes on the adjournment of an adjudication |
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| 139 | + | hearing. If a person required under this section fails to attend a |
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| 140 | + | hearing, the juvenile court may proceed with the hearing. |
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| 141 | + | SECTION 2.007. Section 54.012(a), Family Code, is amended |
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| 142 | + | to read as follows: |
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| 143 | + | (a) Subject to Section 21.013, Government Code, a [A] |
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| 144 | + | detention hearing under Section 54.01 may be held using interactive |
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| 145 | + | video equipment if[: |
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| 146 | + | [(1) the child and the child's attorney agree to the |
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| 147 | + | video hearing; and |
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| 148 | + | [(2)] the parties to the proceeding have the |
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| 149 | + | opportunity to cross-examine witnesses. |
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| 150 | + | SECTION 2.008. Sections 22.202(a) and (g), Government Code, |
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| 151 | + | are amended to read as follows: |
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| 152 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 153 | + | for the First Court of Appeals District shall be held in the City of |
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| 154 | + | Houston. |
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| 155 | + | (g) The First Court of Appeals may transact its business in |
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| 156 | + | any county in the First Court of Appeals District as the court |
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| 157 | + | determines necessary and convenient or as provided by Section |
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| 158 | + | 21.013. |
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| 159 | + | SECTION 2.009. Sections 22.203(a) and (b), Government Code, |
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| 160 | + | are amended to read as follows: |
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| 161 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 162 | + | for the Second Court of Appeals District shall be held in the City |
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| 163 | + | of Fort Worth. |
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| 164 | + | (b) The court may transact its business in any county in the |
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| 165 | + | district as the court determines is necessary or convenient or as |
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| 166 | + | provided by Section 21.013. |
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| 167 | + | SECTION 2.010. Sections 22.204(a) and (b), Government Code, |
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| 168 | + | are amended to read as follows: |
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| 169 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 170 | + | for the Third Court of Appeals District shall be held in the City of |
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| 171 | + | Austin. |
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| 172 | + | (b) The court may transact its business: |
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| 173 | + | (1) at the county seat of any of the counties within |
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| 174 | + | its district as the court determines is necessary and convenient, |
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| 175 | + | except that all cases originating in Travis County shall be heard |
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| 176 | + | and transacted in that county, subject to Subdivision (2); or |
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| 177 | + | (2) as provided by Section 21.013. |
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| 178 | + | SECTION 2.011. Section 22.205, Government Code, is amended |
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| 179 | + | to read as follows: |
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| 180 | + | Sec. 22.205. FOURTH COURT OF APPEALS. (a) Subject to |
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| 181 | + | Section 21.013, the [The] Court of Appeals for the Fourth Court of |
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| 182 | + | Appeals District shall be held in the City of San Antonio. |
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| 183 | + | (b) The court may transact its business: |
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| 184 | + | (1) at the county seat of any of the counties within |
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| 185 | + | its district, as the court determines is necessary and convenient, |
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| 186 | + | except that all cases originating in Bexar County that the court |
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| 187 | + | hears shall be heard and transacted in that county, subject to |
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| 188 | + | Subdivision (2); or |
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| 189 | + | (2) as provided by Section 21.013. |
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| 190 | + | SECTION 2.012. Sections 22.206(a) and (b), Government Code, |
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| 191 | + | are amended to read as follows: |
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| 192 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 193 | + | for the Fifth Court of Appeals District shall be primarily held in |
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| 194 | + | the City of Dallas. |
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| 195 | + | (b) The court may transact its business in any county in the |
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| 196 | + | district as the court determines is necessary and convenient or as |
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| 197 | + | provided by Section 21.013. |
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| 198 | + | SECTION 2.013. Section 22.207, Government Code, is amended |
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| 199 | + | to read as follows: |
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| 200 | + | Sec. 22.207. SIXTH COURT OF APPEALS. (a) Subject to |
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| 201 | + | Section 21.013, the [The] Court of Appeals for the Sixth Court of |
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| 202 | + | Appeals District shall be held in the City of Texarkana. |
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| 203 | + | (b) The court may transact its business: |
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| 204 | + | (1) in the City of Texarkana or the county seat of any |
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| 205 | + | county in the district as the court determines is necessary or |
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| 206 | + | convenient, except that all cases originating in Bowie County shall |
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| 207 | + | be heard and transacted in the City of Texarkana, subject to |
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| 208 | + | Subdivision (2); or |
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| 209 | + | (2) as provided by Section 21.013. |
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| 210 | + | SECTION 2.014. Section 22.208, Government Code, is amended |
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| 211 | + | to read as follows: |
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| 212 | + | Sec. 22.208. SEVENTH COURT OF APPEALS. Subject to Section |
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| 213 | + | 21.013, the [The] Court of Appeals for the Seventh Court of Appeals |
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| 214 | + | District shall be held in the City of Amarillo. |
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| 215 | + | SECTION 2.015. Section 22.209, Government Code, is amended |
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| 216 | + | to read as follows: |
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| 217 | + | Sec. 22.209. EIGHTH COURT OF APPEALS. (a) Subject to |
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| 218 | + | Section 21.013, the [The] Court of Appeals for the Eighth Court of |
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| 219 | + | Appeals District shall be held in the City of El Paso. |
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| 220 | + | (b) The court may transact its business: |
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| 221 | + | (1) at the county seat of any county in the district as |
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| 222 | + | the court determines is necessary and convenient, except all cases |
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| 223 | + | originating in El Paso County shall be heard and transacted in that |
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| 224 | + | county, subject to Subdivision (2); or |
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| 225 | + | (2) as provided by Section 21.013. |
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| 226 | + | SECTION 2.016. Sections 22.210(a) and (c), Government Code, |
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| 227 | + | are amended to read as follows: |
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| 228 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 229 | + | for the Ninth Court of Appeals District shall be held in the City of |
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| 230 | + | Beaumont. |
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| 231 | + | (c) The court may transact its business in the City of |
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| 232 | + | Beaumont or the county seat of any county in the district as the |
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| 233 | + | court determines is necessary or convenient, or as provided by |
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| 234 | + | Section 21.013. |
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| 235 | + | SECTION 2.017. Section 22.211(a), Government Code, is |
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| 236 | + | amended to read as follows: |
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| 237 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 238 | + | for the Tenth Court of Appeals District shall be held in the City of |
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| 239 | + | Waco or in the county seat of any county located within the Tenth |
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| 240 | + | Court of Appeals District. |
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| 241 | + | SECTION 2.018. Sections 22.212(a) and (c), Government Code, |
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| 242 | + | are amended to read as follows: |
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| 243 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 244 | + | for the Eleventh Court of Appeals District shall be held in the City |
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| 245 | + | of Eastland. |
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| 246 | + | (c) The court may transact its business in the City of |
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| 247 | + | Eastland or in any county in the district as the court determines is |
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| 248 | + | necessary or convenient, or as provided by Section 21.013. |
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| 249 | + | SECTION 2.019. Sections 22.213(a) and (c), Government Code, |
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| 250 | + | are amended to read as follows: |
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| 251 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 252 | + | for the Twelfth Court of Appeals District shall be held in the City |
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| 253 | + | of Tyler. |
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| 254 | + | (c) The court may transact its business: |
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| 255 | + | (1) in the City of Tyler or at the county seat of any |
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| 256 | + | county in the district as the court determines is necessary or |
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| 257 | + | convenient, except that all cases originating in Smith County shall |
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| 258 | + | be heard and transacted in the City of Tyler, subject to Subdivision |
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| 259 | + | (2); or |
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| 260 | + | (2) as provided by Section 21.013. |
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| 261 | + | SECTION 2.020. Sections 22.214(a) and (c), Government Code, |
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| 262 | + | are amended to read as follows: |
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| 263 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 264 | + | for the Thirteenth Court of Appeals District shall be held in the |
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| 265 | + | City of Corpus Christi and the City of Edinburg. |
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| 266 | + | (c) The court may transact its business: |
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| 267 | + | (1) subject to Subdivision (2), at the county seat of |
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| 268 | + | any county in the district as the court determines is necessary and |
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| 269 | + | convenient, except that: |
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| 270 | + | (A) [(1)] all cases originating in Nueces County |
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| 271 | + | shall be heard and transacted in Nueces County, subject to |
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| 272 | + | Subdivision (2); and |
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| 273 | + | (B) [(2)] all cases originating in Cameron, |
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| 274 | + | Hidalgo, or Willacy County shall be heard and transacted in |
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| 275 | + | Cameron, Hidalgo, or Willacy County, subject to Subdivision (2); or |
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| 276 | + | (2) as provided by Section 21.013. |
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| 277 | + | SECTION 2.021. Sections 22.215(a) and (c), Government Code, |
---|
| 278 | + | are amended to read as follows: |
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| 279 | + | (a) Subject to Section 21.013, the [The] Court of Appeals |
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| 280 | + | for the Fourteenth Court of Appeals District shall be held in the |
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| 281 | + | City of Houston. |
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| 282 | + | (c) The Fourteenth Court of Appeals may transact its |
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| 283 | + | business in any county in the First Court of Appeals District as the |
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| 284 | + | court determines necessary and convenient or as provided by Section |
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| 285 | + | 21.013. |
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| 286 | + | SECTION 2.022. Subchapter A, Chapter 24, Government Code, |
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| 287 | + | is amended by adding Section 24.0301 to read as follows: |
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| 288 | + | Sec. 24.0301. REMOTE PROCEEDINGS. Notwithstanding Section |
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| 289 | + | 24.030 or any other provision of this chapter requiring a district |
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| 290 | + | court to sit and conduct the court's proceedings in a specified |
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| 291 | + | county or municipality, a district court may conduct the court's |
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| 292 | + | proceedings as provided by Section 21.013. |
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| 293 | + | SECTION 2.023. Section 25.0001(a), Government Code, is |
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| 294 | + | amended to read as follows: |
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| 295 | + | (a) This subchapter applies to each statutory county court |
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| 296 | + | in this state. Except as provided by Section 25.00105, if [If] a |
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| 297 | + | provision of this subchapter conflicts with a specific provision |
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| 298 | + | for a particular court or county, the specific provision controls. |
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| 299 | + | SECTION 2.024. Subchapter A, Chapter 25, Government Code, |
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| 300 | + | is amended by adding Section 25.00105 to read as follows: |
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| 301 | + | Sec. 25.00105. REMOTE PROCEEDINGS. Notwithstanding any |
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| 302 | + | other law, including a specific provision in this chapter for a |
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| 303 | + | particular court or county that requires a statutory county court |
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| 304 | + | to sit and conduct the court's proceedings at the county seat, a |
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| 305 | + | statutory county court may conduct the court's proceedings as |
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| 306 | + | provided by Section 21.013. |
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| 307 | + | SECTION 2.025. Subchapter B, Chapter 25, Government Code, |
---|
| 308 | + | is amended by adding Section 25.00305 to read as follows: |
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| 309 | + | Sec. 25.00305. REMOTE PROCEEDINGS. Notwithstanding any |
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| 310 | + | other law, including a specific provision in this chapter for a |
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| 311 | + | particular court or county that requires a statutory probate court |
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| 312 | + | to sit and conduct the court's proceedings at the county seat, a |
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| 313 | + | statutory probate court may conduct the court's proceedings as |
---|
| 314 | + | provided by Section 21.013. |
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| 315 | + | SECTION 2.026. Section 26.002(c), Government Code, is |
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| 316 | + | amended to read as follows: |
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| 317 | + | (c) All terms of court must be held at the county seat, |
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| 318 | + | except that the court may conduct the court's proceedings as |
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| 319 | + | provided by Section 21.013. |
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| 320 | + | SECTION 2.027. Section 27.051(b), Government Code, is |
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| 321 | + | amended to read as follows: |
---|
| 322 | + | (b) Subject to Section 21.013: |
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| 323 | + | (1) each [Each] justice shall hold the regular term of |
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| 324 | + | court at the justice's office at times prescribed by the |
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| 325 | + | commissioners court; and |
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| 326 | + | (2) the[. The] commissioners court shall set the time |
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| 327 | + | and place for holding justice court. |
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| 328 | + | SECTION 2.028. Section 30.00001(c), Government Code, is |
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| 329 | + | amended to read as follows: |
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| 330 | + | (c) Except as provided by Section 30.00138(b)(2), if [If] a |
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| 331 | + | provision of this subchapter conflicts with a specific provision |
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| 332 | + | for a particular municipality, the specific provision controls. |
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| 333 | + | SECTION 2.029. Section 30.00138, Government Code, is |
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| 334 | + | amended to read as follows: |
---|
| 335 | + | Sec. 30.00138. TERM OF COURT. (a) The appellate court may |
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| 336 | + | sit for the transaction of business at any time during the year, and |
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| 337 | + | each term begins and ends with the calendar year. |
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| 338 | + | (b) The appellate court may: |
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| 339 | + | (1) use the city council chambers or other appropriate |
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| 340 | + | location as its courtroom for argument of cases and other court |
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| 341 | + | matters; or |
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| 342 | + | (2) conduct proceedings as provided by Section 21.013. |
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| 343 | + | SECTION 2.030. Sections 573.012(a) and (h), Health and |
---|
| 344 | + | Safety Code, are amended to read as follows: |
---|
| 345 | + | (a) Except as provided by Subsection (h) and Section 21.013, |
---|
| 346 | + | Government Code, an applicant for emergency detention must present |
---|
| 347 | + | the application personally to a judge or magistrate. The judge or |
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| 348 | + | magistrate shall examine the application and may interview the |
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| 349 | + | applicant. Except as provided by Subsection (g), the judge of a |
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| 350 | + | court with probate jurisdiction by administrative order may provide |
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| 351 | + | that the application must be: |
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| 352 | + | (1) presented personally to the court; or |
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| 353 | + | (2) retained by court staff and presented to another |
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| 354 | + | judge or magistrate as soon as is practicable if the judge of the |
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| 355 | + | court is not available at the time the application is presented. |
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| 356 | + | (h) A judge or magistrate may permit an applicant [who is a |
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| 357 | + | physician] to present an application by: |
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| 358 | + | (1) e-mail with the application attached as a secure |
---|
| 359 | + | document in a portable document format (PDF); or |
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| 360 | + | (2) subject to Section 21.013, Government Code, secure |
---|
| 361 | + | electronic means, including: |
---|
| 362 | + | (A) satellite transmission; |
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| 363 | + | (B) closed-circuit television transmission; or |
---|
| 364 | + | (C) any other method of two-way electronic |
---|
| 365 | + | communication that: |
---|
| 366 | + | (i) is secure; |
---|
| 367 | + | (ii) is available to the judge or |
---|
| 368 | + | magistrate; and |
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| 369 | + | (iii) provides for a simultaneous, |
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| 370 | + | compressed full-motion video and interactive communication of |
---|
| 371 | + | image and sound between the judge or magistrate and the applicant. |
---|
| 372 | + | SECTION 2.031. Sections 574.031(a) and (b), Health and |
---|
| 373 | + | Safety Code, are amended to read as follows: |
---|
| 374 | + | (a) Except as provided by Subsection (b), the judge may hold |
---|
| 375 | + | a hearing on an application for court-ordered mental health |
---|
| 376 | + | services at any suitable location in the county or as a remote |
---|
| 377 | + | proceeding as authorized by Section 21.013, Government Code. The |
---|
| 378 | + | hearing should be held in a physical setting that is not likely to |
---|
| 379 | + | have a harmful effect on the proposed patient. |
---|
| 380 | + | (b) On the request of the proposed patient or the proposed |
---|
| 381 | + | patient's attorney the hearing on the application shall be held in |
---|
| 382 | + | the county courthouse except as authorized by Section 21.013, |
---|
| 383 | + | Government Code. |
---|
| 384 | + | SECTION 2.032. Section 574.203(a), Health and Safety Code, |
---|
| 385 | + | is amended to read as follows: |
---|
| 386 | + | (a) Subject to Section 21.013, Government Code, a [A] |
---|
| 387 | + | hearing may be conducted in accordance with this chapter but |
---|
| 388 | + | conducted by secure electronic means, including satellite |
---|
| 389 | + | transmission, closed-circuit television transmission, or any other |
---|
| 390 | + | method of two-way electronic communication that is secure, |
---|
| 391 | + | available to the parties, approved by the court, and capable of |
---|
| 392 | + | visually and audibly recording the proceedings, if: |
---|
| 393 | + | (1) [written consent to the use of a secure electronic |
---|
| 394 | + | communication method for the hearing is filed with the court by: |
---|
| 395 | + | [(A) the proposed patient or the attorney |
---|
| 396 | + | representing the proposed patient; and |
---|
| 397 | + | [(B) the county or district attorney, as |
---|
| 398 | + | appropriate; |
---|
| 399 | + | [(2)] the secure electronic communication method |
---|
| 400 | + | provides for a simultaneous, compressed full-motion video, and |
---|
| 401 | + | interactive communication of image and sound among the judge or |
---|
| 402 | + | associate judge, the county or district attorney, the attorney |
---|
| 403 | + | representing the proposed patient, and the proposed patient; and |
---|
| 404 | + | (2) [(3)] on request of the proposed patient or the |
---|
| 405 | + | attorney representing the proposed patient, the proposed patient |
---|
| 406 | + | and the attorney can communicate privately without being recorded |
---|
| 407 | + | or heard by the judge or associate judge or by the county or |
---|
| 408 | + | district attorney. |
---|
| 409 | + | SECTION 2.033. Section 292.001(d), Local Government Code, |
---|
| 410 | + | is amended to read as follows: |
---|
| 411 | + | (d) A justice of the peace court may not be housed or |
---|
| 412 | + | conducted in a building located outside the court's precinct except |
---|
| 413 | + | as provided by Section 21.013, 27.051(f), or 27.0515, Government |
---|
| 414 | + | Code, or unless the justice of the peace court is situated in the |
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| 415 | + | county courthouse in a county with a population of at least 275,000 |
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| 416 | + | persons but no more than 285,000 persons. |
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| 417 | + | SECTION 2.034. The following provisions are repealed: |
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